An application for review of the termination schedules for a nonconforming adult business prescribed in Section 10.62.090 may be approved by the planning commission in accordance with the procedures set out in Sections 10.80.060 through 10.80.120. In considering an application for review of the termination schedules for an adult business, which is nonconforming due to either the distance requirements or development standards, the planning commission shall use the following criteria in making a determination:
(1) The owner’s financial investment in the business prior to the effective date of this chapter;
(2) The present actual and depreciated value of the business improvements;
(3) The applicable federal tax depreciation schedules for such improvements;
(4) The remaining useful life of the business improvements;
(5) The extent to which the business fails to comply with all applicable requirements of this chapter;
(6) The extent, if any, to which the business has been brought into compliance with any of the applicable requirements of this chapter since the date of adoption of this chapter and with which such business previously failed to conform, including the cost incurred for any such improvements;
(7) The remaining term of any lease or rental agreement under which the business is operating;
(8) Whether the business can be brought into conformance with all applicable requirements of this chapter without requiring to be relocated, and the cost of complying with such requirements;
(9) Whether the business must be discontinued at the present location in order to comply with the requirements of this chapter and, if such relocation is required: (i) the availability of relocation sites, and (ii) the cost of such relocation; and
(10) The ability of the owner to change the business to a conforming use. (Ord. 736 § 1 (part), 1996)