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15. <br /> <br />approved site plan. Any site proposing to install any of the above <br />named site improvements is subject to the site plan review process <br />established in Section 9.03.06. Any site not containing the applicable <br />site improvements on January 1, 1993 shall be considered <br />nonconforming and shall come into compliance by January 1, 1997 or <br />upon loss of nonconforming designation, whichever comes first. To <br />the extent possible, the City shall attempt to identify all such parcels <br />which become classified as nonconforming under the provisions of <br />this subdivision and shall notify the property owners and operators in <br />writing of the change in status and the terms and conditions which <br />apply. The owner of any property that is deficient in site <br />improvements may apply to the Council for an extension of the <br />January 1, 1997 compliance date. Any such application shall be in <br />writing and be received by the City no later than September 1, 1996. <br />Failure to submit a timely extension application shall constitute a <br />waiver of the right to request an exception. The City Council may <br />grant such an extension if upon the Council's determination, the <br />applicant demonstrates that the amortization period is an unreasonable <br />burden upon the business and does not allow adequate time to recover <br />a reasonable return upon the business investment. The applicant shall <br />have the burden of proof to demonstrate hardship with the established <br />compliance date and also the time required for an extension. In <br />making its decision, the Council may consider any factor relevant to <br />the issue, including but not limited to: <br /> <br /> a. The ease by which the property could be in compliance <br /> <br /> b. The value and condition of the improvements on the <br /> property. <br /> <br /> c. The cost of installing the required improvements. <br /> <br />Open and outdoor service, sales, display or rental shall be fenced or <br />screened from view of abutting residential districts. <br /> <br />All conditions pertaining to a specific site are subject to change when <br />the Council, upon investigation in relation to a formal request, finds <br />that the general welfare and public betterment can be served as well or <br />better by modifying the conditions. <br /> <br />Subd. 5 Setbacks: <br /> <br />Front: ....................................................... 35 feet (The front one-half of which <br /> shall be prohibited for any use or <br /> activity.) <br /> <br />Side: ........................................................ 10 feet (No side yard is required <br /> where a common wall is provided <br /> between two buildings which meet <br /> the fire safety standards.) <br /> <br />Side on the~ seoOndary street for comer lot: ............ 20 feet <br /> <br />Rear:. ....... - ................................................. 35 feet <br /> <br /> <br />