A. Compliance Required: Within one year of the effective date hereof, any existing adult establishment shall be in compliance with the location requirements in section 10-23-3 of this chapter. Existing adult establishments must comply with all other requirements of this chapter immediately upon its effective date.
B. Extension Of Time To Meet Location Requirements: The owner of an existing adult establishment may apply to the Moorhead city council for an extension of the one year amortization period described above. Any such application must be submitted in writing to the city council within thirty (30) days of the effective date hereof. Failure to submit a timely extension application is a waiver of the right to request an extension. In order to receive an extension of time, an applicant must show that the one year amortization period places an unreasonable burden upon the business and does not allow the applicant adequate time to recover a reasonable return on the applicant's investment in the business or property. The applicant has the burden of proving that the one year amortization period causes a hardship sufficient to justify an extension of time. An extension will not be longer than an additional one year. In making its decision whether to grant an extension, the city council may consider any factor that it deems reasonably related to the issue, including, but not limited to:
1. The length of time that the adult establishment has been in existence;
2. The value of and condition of any structures or improvements on the property;
3. The nature and character of the surrounding neighborhood;
4. The amount of the applicant's investment in the business or property;
5. The amount of investment return already realized by the applicant; and
6. The cost of relocating the business. (Ord. 2006-36, 1-2-2007)