(A) Sexually oriented businesses and adult uses which are classified as legal nonconforming uses may continue in accordance with the provision of this chapter except that any such nonconforming use shall be terminated and become illegal 12 months after the effective date of this chapter. To the extent possible, the city shall attempt to identify all such uses which become classified as nonconforming under the provisions of this section and shall notify the property owners and operators of such uses in writing of the change in status and the terms and conditions which apply. The owner of any property or business on which an adult use is located may apply to the City Council for an extension of the termination date.
(B) Any such application shall be in writing and be received by the city at least 30 days prior to the termination date. Failure to submit a timely extension application shall constitute a waiver of the right to request an extension. The extension may be granted if the applicant demonstrates that the amortization period if an unreasonable burden upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant shall have the burden of proof to demonstrate hardship with the established termination date and also the time required for an extension. In making its decision, the City Council may consider any factor relevant to the issue, including, but not limited to:
(1) The degree or magnitude of threat to the public health, safety, and general welfare posed by the secondary impacts of the operation;
(2) The length of time that the adult use has been operating;
(3) The ease by which the property could be converted to a conforming use;
(4) The nature and character of the surrounding neighborhood;
(5) The value and condition of the improvements on the property;
(6) The amount of the applicant’s investment in the business;
(7) The amount of investment already realized;
(8) The cost of relocating the adult use.
(Ord. 300, passed 1-28-2002)