(A) Two-year period for continued operation. In order to make a reasonable recoupment of its investment in its current location, a preexisting sexually oriented business, lawfully existing in all respects prior to the effective date of this chapter, may continue to operate for two years following that date.
(B) Six-month hardship extension.
(1) At the conclusion of the two-year period, the sexually oriented business shall no longer be recognized as a legal preexisting sexually oriented business; provided that, upon a showing of financial hardship, a preexisting sexually oriented business may apply for one or more six-month extensions of the original two-year period.
(2) An application for an initial extension based upon financial hardship ("hardship extension") shall be made at least 60 days before the conclusion of the aforementioned two-year period.
(3) If a hardship extension is granted, subsequent applications for hardship extensions shall be made at least 60 days before the conclusion of the current extension period.
(C) Procedure for seeking hardship extension.
(1) An application for a hardship extension shall be filed in writing with the Board of Public Works and Safety and shall include evidence of purchase and improvement costs, income earned and lost, depreciation and costs of relocation.
(2) Within ten days after receiving the application, the Zoning Officer shall schedule a public hearing on the application before the Planning Commission, which public hearing shall be conducted within 30 days after the Zoning Officer's receipt of the application.
(3) Notice of the time and place of such public hearing shall be published at least ten days before the hearing, in a newspaper of general circulation published within the city, and shall contain the particular location for which the hardship extension is requested.
(D) Decision on hardship extension.
(1) The Planning Commission shall issue a written decision within ten days after the public hearing on the application for a hardship extension.
(2) The hardship extension shall be granted upon a showing that the nonconforming sexually oriented business is unable to recoup its investments in its current location, made prior to the effective date of this chapter, unless the hardship extension is granted.
(Ord. G-04-10, passed 3-18-2004)