A. All adult businesses or establishments regulated under the provisions of this chapter which are nonconforming uses on the effective date of the ordinance codified in this chapter that were lawfully in existence immediately prior to the effective date of the ordinance codified in this chapter and were rendered nonconforming by the application of this chapter shall be subject to an amortization period expiring three years after the effective date of the ordinance codified in this chapter. Such nonconforming uses shall either be discontinued or shall be brought into full conformance with the provisions of this chapter within three years of the effective date of the ordinance codified in this chapter.
B. A nonconforming adult business may file an application with the Planning Commission for an extension of the amortization period and shall include a statement of the efforts that will be made to bring the adult business into conformity by the conclusion of the extension period, whether a previous extension has been requested and granted, and an application fee as established by resolution of the City Council. No more than two such applications will be considered for any nonconforming adult business. The term of the extension shall be determined by the Planning Commission based upon the factors set forth in subsection D of this section, but in no event shall the total term of extension(s) granted pursuant to this section exceed two years beyond the initial amortization period.
C. The Planning Commission shall follow all due process and notice requirements that are required of adult use development permit application hearings. The Planning Commission shall grant or deny the request within sixty days of the filing of the extension application.
D. In rendering its decision, the Planning Commission shall determine whether the adult business has been provided with a reasonable amortization period commensurate with the investment involved. If the Planning Commission determines that the amortization period is not reasonable it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted. No one criteria set forth below shall be determinative. The Planning Commission shall consider the following factors in making its determination:
1. The financial investment in the adult business;
2. The present actual and depreciated value of the business improvements;
3. The applicable Internal Revenue Service depreciation schedules;
4. The remaining useful life of the business improvements;
5. The remaining lease term;
6. The cost of relocating the adult business to a site conforming with the provisions of this chapter;
7. The date upon which the property owner or business owner received notice of the nonconforming status of the adult business and the amortization requirements;
8. The effects on the health, safety and welfare of surrounding businesses and uses if the adult business is permitted to extend the amortization period.
E. The Planning Commission's decision shall be in writing and shall be mailed to the permit applicant and to the property owner via first class mail.
F. Any interested person may appeal the Planning Commission's decision to the City Council in writing within ten days after the Planning Commission's written decision. Any member of the City Council may within the same ten-day period initiate such an appeal.
G. Notice and procedures of the appeal hearing shall follow that of the permit application process.
H. The City Council declares to be a public nuisance any parcel where an adult business is operating and where the amortization period as a legal nonconforming use has expired and (a) no application for an extension is on file or has been granted, or (b) no application for an adult use development permit is on file or has been granted. (Ord. § 5 (part), 1996).