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§ 9.10 <br /> <br /> ~. Adult use-accessory shall: <br /> <br /> '~1~. Comprise no more than 10% of the floor area of the <br /> '~, establishment in which it is located, <br /> <br /> 2. ~dn~prise no more than 20% of the gross receipts of the entire <br /> business operation, <br /> <br /> 3. Not invol~ze or include any activity except the,sale or rental of <br /> merchandiEe~, <br /> b, Adult use-accessory '~ll be restricted froTM and prohibit access <br /> to minors by the physice~eparation oftsuch items from areas of <br /> general public access: ~ <br /> 1. Movie Rentals, DisplaY~eas shall be restricted from <br /> general view and shall bed0ca~ed within a separate room, the <br /> access of which is in clear view ~nd under the control of the <br /> persons responsibleY~r the <br /> <br /> £. Magazines. P~u~btications classified or qualif~dng as adult <br /> uses shall n6t be physically accessible to minors and shall be <br /> covered~th a wrapper or other means to pre~ent display of <br /> an), m~'terial other than the publication title. <br /> <br /> 3. O~!~er Use. Adult uses-accessory not specifically citeS,~hal] <br /> .... /~omply with the intent of this section subject to the approval <br /> /~' of the Zoning ASrn~nistrator. <br /> c¥ Adult use-accessory shall be prohibited from both internal and <br /> ? external advertising and signing of adult materials and products. <br /> <br /> S~IbcL ~. Nonconforrn~r~g Adult Use - Principal or Accessory: Adult <br />uses which are classified as legal nonconforming uses ma5' continue in <br />accordance vzith the provision of this chapter, except that any such nonconforming <br />use shall be terminated and become illegal on and after 31 December 1991. To the <br />extent possible, the City shall attempt to identify all such uses which become <br />classified as nonconforming under the provisions of this subdivision and shall <br />notify the property owners and operators of such uses in writing of the change in <br />status and the terms and conditions which apply. The owner of an}' properl;y on <br />which an adult use is located may app}y to the Council for an extension of the <br />~e.~Tn{nation date. An), such application shall be in writing and be received by the <br />City no later than 1 October 1991. Failure to submit a timely extension application <br />shall constitute a waiver of the right to request an exception, if upon the Council's <br />de%ernlination, the applicant demonstrates that the amortization period is an <br />unreasonable burden upon the business and does not allow adequate time to <br />recover a reasonable return upon the business investment. The applicant shall <br />'.-,ave the burden of proof to demonstrate hardship with the established termination <br />date and also the time required for an extension. In making its decision, the <br />Council may consider any factor relevant to the issue, including but not limited to: <br /> <br /> a. The degree or magnitude of threat to the public health, safety and <br /> general welfare posed by the secondary impacts of the operation. <br /> <br />Printed 12/28/90 Page 363 ~/~ <br /> <br /> <br />