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2. Magazines. Publications classified or qualifying as adult <br /> uses shall not be physically accessible to minors and shall <br /> be covered with a wrapper or other means to prevent display <br /> of 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 <br /> products. <br /> <br /> Sub& 5. Nonconforming Adult Use - Principal or Accessory: 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 <br />nonconforming use shall be terminated and become illegal on and after 31 <br />December 1991. To the extent possible, the City shall attempt to identify all such <br />uses which become classified as nonconforming under the provisions of this <br />subdivision and shall notify the property owners and operators of such uses in <br />writing of the change in status and the terms and conditions which apply. The <br />owner of any property on which an adult use is located may apply to the Council <br />for an extension of the termination date. Any such application shall be in writing <br />and be received by the City no later than 1 October 1991. Failure to submit a timely <br />extension application shall constitute a waiver of the right to request an exception, <br />if upon the Council's determination, the applicant demonstrates that the <br />amortization period is an unreasonable burden upon the business and does not <br />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 <br />established termination date and also the time required for an extension. In <br />making its decision, the Council may consider any factor relevant to the issue, <br />including but not limited to: <br /> <br /> a. The degree or magnitude of threat to the public health, safety <br /> and general welfare posed by the secondary impacts of the <br /> operation. <br /> <br /> b. The length of time that the adult use has been operating. <br /> <br /> c. 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 /> 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 /> <br />h. The cost of relocating the adult use. <br /> <br />Ord. 90-23 Final 11/13/90 Page 31 <br /> <br /> <br />