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ORDINANCE NO. 91- <br /> <br /> CITY OF RAMSEY <br />ANOKA COUNTY, MINNESOTA <br /> <br />AN ORDINANCE AMENDING SECTION 9.11.19 OF THE CITY CODE OF THE CITY <br />OF RAMSEY BY AMENDING SECTION 9.11.19, SUBD. 5 ENTITLED <br />"NONCONFORMING ADULT USE - PRINCIPAL OR ACCESSORY". <br /> <br />The City of Ramsey Ordains: <br /> <br />SECTION 1. AMENDMENT. Section 9.11.19 entitled "Nonconforming Adult <br />Use - Principal or Accessory" of the City Code shall be amended to <br />provide as follows: <br /> <br />Subdivision 5. Nonconforming Adult <br />Accessory: <br /> <br />Use - Principal or <br /> <br />Adult uses which are classified as legal nonconforming uses <br />may continue in accordance with the provisions of this <br />chapter, except that any such nonconforming use shall be <br />terminated and become illegal on and after 31 January, 1992. <br />To the extent possible, the City shall attempt to identify all <br />such uses which become classified as nonconforming under the <br />provisions of this subdivision and shall notify the property <br />owners and operators of such uses in writing of the change in <br />status and the terms and conditions which apply. The owner <br />of any property on which an adult use is located may apply to <br />the Council for an extension of the te~nr..ination date. Any <br />such application shall be in writing and be received by the <br />City no later than 3! December, 1991. Failure to submit a <br />timely extension application shall constitute a waiver of the <br />right to request an extension. The City Council may Grant <br />such an extension if upon the Council's determination, the <br />applicant demonstrates that the amortization period is an <br />unreasonable burden upon the business and does not allow <br />adequate time to recover a reasonable return upon the business <br />investment. The applicant shall have the burden of proof to <br />demonstrate hardship with the established termination date and <br />also the time required for an extension. In making its <br />decision, the Council may consider any factor relevant to the <br />issue, including bu~ not !imized to: <br /> <br />a o <br /> <br />The degree or magnitude of threat to the public health, <br />safety and general welfare posed by the secondary impacts <br />of the operation. <br /> <br />b. The teng~h of time that the adult use has been operating. <br /> <br />The ease by which the property could be converted to a <br />conforming use. <br /> <br />d. The nature and charac=er of the surrounding neighborhood. <br /> <br />The value and condition of the improvements on the <br />property. <br /> <br /> <br />