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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />subject to council appeal, if it can be satisfactorily demonstrated by the operator to <br />the city that extended operational hours will: <br />1. Not adversely impact or affect uses or activities within 1,000 feet. <br />2. Will not result in increased policing and related service calls. <br />3. Is critical to the operation of the business. <br />(4) Adult uses - accessory. <br />a. Adult use - accessory shall: <br />1. Comprise no more than ten percent of the floor area of the establishment in <br />which it is located. <br />2. Comprise no more than 20 percent of the gross receipts of the entire business <br />operation. <br />3. Not involve or include any activity except the sale or rental of merchandise. <br />b. Adult use - accessory shall be restricted from and prohibit access to minors by the <br />physical separation of such items from areas of general public access: <br />1. Movie rentals. Display areas shall be restricted from general view and shall be <br />located within a separate room, the access of which is in clear view and under the <br />control of the persons responsible for the operation. <br />2. Magazines. Publications classified or qualifying as adult uses shall not be <br />physically accessible to minors and shall be covered with a wrapper or other <br />means to prevent display of any material other than the publication title. <br />3. other use. Adult uses - accessory not specifically cited shall comply with the intent <br />of this section subject to the approval of the zoning administrator. <br />C. Adult use - accessory shall be prohibited from both internal and external advertising <br />and signing of adult materials and products. <br />(5) Nonconforming adult use - principal or accessory. Adult uses which are classified as legal <br />nonconforming uses may continue in accordance with the provisions of this chapter, except <br />that any such nonconforming use shall be terminated and become illegal on and afterJanuary <br />311 1992. To the 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 notify the <br />property owners and operators of such uses in writing of the change in status and the terms <br />and conditions which apply. The owner of any property on which an adult use is located may <br />apply to the council for an extension of the termination date. Any such application shall be in <br />writing and be received by the city no later than December 31,1991. Failure to submit a timely <br />extension application shall constitute a waiver of the right to request an extension. The <br />council may grant such an extension if upon the council's determination, the applicant <br />demonstrates that the amortization period is an unreasonable burden upon the business and <br />does not allow adequate time to recover a reasonable return upon the business investment. <br />The applicant shall have the burden of proof to demonstrate hardship with the established <br />termination 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 />a. The degree or magnitude of threat to the public health, safety and general welfare <br />posed by the secondary impacts of the operation. <br />b. The length of time that the adult use has been operating. <br />C. The ease by which the property could be converted to a conforming use. <br />d. The nature and character of the surrounding neighborhood. <br />e. The value and condition of the improvements on the property. <br />f. The amount of the applicant's investment in the business. <br />g. The amount of investment already realized. <br />h. The cost of relocating the adult use. <br />Page 77 of 160 <br />