§ 106.40.080. Extension of Time for Nonconforming Adult-Oriented Business Use

The owner or operator of a nonconforming Adult-Oriented Business use may apply under the provisions of this Section to the Community Development Director for an extension of time within which to terminate the nonconforming use.

A.

Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of this Chapter, may be filed by the owner of the real property upon which such nonconforming Adult-Oriented Business use is operated, or by the operator of the use. The application must be filed with the Community Development Director at least 30 days, but no more than 60 days, prior to the time established in Section 106.40.070 (Amortization of a Nonconforming Adult Oriented Business Use) for termination of the nonconforming Adult-Oriented Business use.

B.

Content of application, fees. The written application for extension shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.

The Community Development Director or his or her designee may require an applicant to provide additional written documentation from specified licensed professionals as necessary. The information may include, but not be limited to:

1.

A statement showing the original value of the building or structure within which the Adult-Oriented Business is operated;

2.

A statement showing that repair and maintenance costs on the building for a period of 12 consecutive months prior to June 8, 2001 does not exceed 25 percent of the current replacement cost of the nonconforming use; or

3.

A statement showing the percentage of value of the building or structure attributable to the Adult-Oriented Business use occurring therein.

C.

Hearing procedure. Either the Planning Commission or a hearing officer appointed by the City Manager, shall hear the application. The matter shall be set for hearing within 10 business days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious matters. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or witness. The decision of the Planning Commission or hearing officer shall be final and subject to judicial review.

D.

Approval of extension; findings. An extension under this Section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the City Planning Commission or a hearing officer makes all of the following findings or such other findings as are required by law:

1.

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming Adult-Oriented Business use is conducted, such property or structure cannot be readily converted to another use, and such investment was made prior to the effective date of this Article.

2.

The applicant will be unable to recoup said investment as of the date established for the termination of the use.

3.

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 106.40.040 (Allowed Zones).