(a) An application for extension of the amortization period for an Adult-Oriented Business which is a nonconforming use shall be made as provided in Chapter 17.165 of this Zoning Code.
(b) The owner of the property on which an Adult-Oriented Business is located or the owner of the Adult-Oriented Business who desires to extend the amortization period must apply for approval of an extension not later than six (6) months prior to expiration of the amortization period, unless the Planning Director determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the Planning Director and shall be accompanied by the required fee as established by Resolution of the City Council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by Section 17.85.100 of the Adelanto Municipal Code is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this Section.
(c) Not later than thirty (30) days after submittal of an application to extend the amortization period, the Planning Director shall notify the applicant, in writing, if the application is not complete. A complete application shall include:
(1) The applicant's signature;
(2) A written request for an extension of the amortization period which shall include information relevant to the factors listed in subsection (f) below and shall identify the term of the requested extension;
(3) The required fees;
(4) A mailing list and a set of gummed labels with the names, addresses, and tax assessor parcel numbers of all owners of real property within a radius of three hundred (300) feet from the external boundaries of the property on which the Adult-Oriented Business is located; and
(5) A tax assessor's parcel map identifying the properties to be notified within the three hundred (300) foot radius.
If the application is not complete, the Planning Director shall specify in writing those parts which are incomplete and shall identify the manner by which the application can be made complete. If a written determination is not provided to the applicant within thirty (30) calendar days after it is submitted, the application shall be deemed complete.
(d) In determining whether to grant an extension of the amortization period for an Adult-Oriented Business which is a nonconforming use, and in determining the appropriate length of such an extension, the reviewing authority shall consider the amount of investment in the business, the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area, and the following additional factors:
(1) The present actual and depreciated value of business improvements;
(2) The applicable Internal Revenue Service depreciation schedule or functional non-confidential equivalents;
(3) The remaining useful life of the business improvements;
(4) The remaining lease term;
(5) The ability of the business and/or land owner to change the use to a conforming use; and
(6) The date upon which the property owner and/or business operator received notice of the non-conforming status of the Adult-Oriented Business and the amortization requirements.
(e) The Planning Commission, or City Council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria set forth above.