Agenda - Planning Commission - 07/27/2023

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1 subject to council appeal, if it can be satisfactorily demonstrated by the operator to 2 the city that extended operational hours will: 3 1. Not adversely impact or affect uses or activities within 1,000 feet. 4 2. Will not result in increased policing and related service calls. 5 3. Is critical to the operation of the business. 6 (4) Adult uses - accessory. 7 a. Adult use - accessory shall: 8 1. Comprise no more than ten percent of the floor area of the establishment in 9 which it is located. 10 2. Comprise no more than 20 percent of the gross receipts of the entire business 11 operation. 12 3. Not involve or include any activity except the sale or rental of merchandise. 13 b. Adult use - accessory shall be restricted from and prohibit access to minors by the 14 physical separation of such items from areas of general public access: 15 1. Movie rentals. Display areas shall be restricted from general view and shall be 16 located within a separate room, the access of which is in clear view and under the 17 control of the persons responsible for the operation. 18 2. Magazines. Publications classified or qualifying as adult uses shall not be 19 physically accessible to minors and shall be covered with a wrapper or other 20 means to prevent display of any material other than the publication title. 21 3. Other use. Adult uses - accessory not specifically cited shall comply with the intent 22 of this section subject to the approval of the zoning administrator. 23 Adult use - accessory shall be prohibited from both internal and external advertising 24 and signing of adult materials and products. 25 (5) Nonconforming adult use - principal or accessory. Adult uses which are classified as legal 26 nonconforming uses may continue in accordance with the provisions of this chapter, except 27 that any such nonconforming use shall be terminated and become illegal on and afterJanuary 28 31, 1992. To the extent possible, the city shall attempt to identify all such uses which become 29 classified as nonconforming under the provisions of this subdivision and shall notify the 30 property owners and operators of such uses in writing of the change in status and the terms 31 and conditions which apply. The owner of any property on which an adult use is located may 32 apply to the council for an extension of the termination date. Any such application shall be in 33 writing and be received by the city no later than December 31,1991. Failure to submit a timely 34 extension application shall constitute a waiver of the right to request an extension. The 35 council may grant such an extension if upon the council's determination, the applicant 36 demonstrates that the amortization period is an unreasonable burden upon the business and 37 does not allow adequate time to recover a reasonable return upon the business investment. 38 The applicant shall have the burden of proof to demonstrate hardship with the established 39 termination date and also the time required for an extension. In making its decision, the 40 council may consider any factor relevant to the issue, including but not limited to: 41 a. The degree or magnitude of threat to the public health, safety and general welfare 42 posed by the secondary impacts of the operation. 43 b. The length of time that the adult use has been operating. 44 c. The ease by which the property could be converted to a conforming use. 45 d. The nature and character of the surrounding neighborhood. 46 e. The value and condition of the improvements on the property. 47 f. The amount of the applicant's investment in the business. 48 g. The amount of investment already realized. 49 h. The cost of relocating the adult use. Page 77 of 160