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Subd. 5. Nonconforming Adult Use - Principal or <br />Accessory: Adult uses which are classified as legal nonconforming <br />uses may continue in accordance with the provisions of this <br />chapter, except that any such nonconforming use shall be terminated <br />and become illegal on and after 31 January, 1992. To the extent <br />possible, the City shall attempt to identify all such uses which <br />become classified as nonconforming under the provisions of this <br />subdivision and shall notify the property owners and operators of <br />such uses in writing of the change in status and the terms and <br />conditions which apply. The owner of any property on which an <br />adult use is located may apply to the Council for an extension of <br />the termination date. Any such application shall be in writing and <br />be received by the City no later than 31 December, 1991. Failure <br />to submit a timely extension application shall constitute a waiver <br />of the 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 adequate <br />time to recover a reasonable return upon the business investment. <br />The applicant shall have the burden of proof to demonstrate <br />hardship with the established termination date and also the time <br />required for an extension. In making its decision, the Council may <br />consider any factor relevant to the issue, including but not <br />limited to: <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 length 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 character of the surrounding neighborhood. <br /> <br />The value and condition of the improvements on the <br />property. <br /> <br />f. The amount of the applicant's investment in the business~ <br /> <br />g. The amount of investment already realized. <br /> <br />h. The cost of relocating the adult use. <br /> <br /> <br />