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12/03/91
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12/03/91
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Meetings
Meeting Document Type
Agenda
Document Title
Planning and Zoning Commission
Document Date
12/03/1991
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Perforce Standards § 9.10 <br /> <br />a. 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 />Comprise no more than 20% of the gross receipts of the entire <br />business operation. <br /> <br />Not involve or include any activity except the sale or rental of <br />merchandise. <br /> <br /> b. Adult use-accessory shall be restricted from and prohibit access <br /> to minors by the physical separation of such items from areas of <br /> general public access: <br /> <br /> 1. Movie Rentals. Display areas shah be restricted from <br /> general view and shall be located within a separate room, the <br /> access of which is in clear view and under the control of the <br /> persons responsible for the operation. <br /> <br /> 2. Magazines. Publications classified or qualif}dng as adult <br /> uses shall not be physically accessible to minors and shall be <br /> covered with a wrapper or other means to prevent display of <br /> any material other than the publication title. <br /> <br /> 3. Other Use. Adult uses-accessory not specifically cited shall <br /> comply with the intent of this section subject to the approval <br /> of the Zoning Administrator. <br /> <br /> c. Adult use-accessory shall be prohibited from both internal and <br /> external advertising and signing of adult materials and products. <br /> <br /> Sub& 5. Nonconform;ng Adult Use - Principal or Accesso~-: Adult <br />uses which are classified as legal nonconforming uses may continue in <br />accordance with 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 possib]e, 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 %~r~ting of the change in <br />status and the terms and conditions which apply. The owner of an), property on <br />which an adult use is located may apply to the Council for an extension of the <br />termination date. Any 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 wa/vet of the right to request an exception, if upon the Council's <br />determination, 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 />have the burden of proof to demonstrate hardship with the established term/nation <br />date and also the time required for an extension. In making its decision, the <br />Council ma), consider an), factor relevant to the issue, including but not linfited 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 />
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