Agenda - Council - 11/14/2023 - Laserfiche WebLink

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1 2. Will not result in increased policing and related service calls. 2 3. Is critical to the operation of the business. 3 (4) Adult uses-accessory. 4 a. Adult use- accessory shall: 5 1. Comprise no more than ten percent of the floor area of the establishment in which 6 it is located. 7 2. Comprise no more than 20 percent of the gross receipts of the entire business 8 operation. 9 3. Not involve or include any activity except the sale or rental of merchandise. 10 b. Adult use - accessory shall be restricted from and prohibit access to minors by the 11 physical separation of such items from areas of general public access: 12 1. Movie rentals. Display areas shall be restricted from general view and shall be 13 located within a separate room, the access of which is in clear view and under the 14 control of the persons responsible for the operation. 15 2. Magazines. Publications classified or qualifying as adult uses shall not be 16 physically accessible to minors and shall be covered with a wrapper or other means 17 to prevent display of any material other than the publication title. 18 3. Other use. Adult uses-accessory not specifically cited shall comply with the intent 19 of this section subject to the approval of the zoning administrator. 20 C. Adult use-accessory shall be prohibited from both internal and external advertising and 21 signing of adult materials and products. 22 (5) Nonconforming adult use -principal or accessory. Adult uses which are classified as legal 23 nonconforming uses may continue in accordance with the provisions of this chapter, except 24 that any such nonconforming use shall be terminated and become illegal on and after January 25 311 1992. To the extent possible, the city shall attempt to identify all such uses which become 26 classified as nonconforming under the provisions of this subdivision and shall notify the 27 property owners and operators of such uses in writing of the change in status and the terms and 28 conditions which apply. The owner of any property on which an adult use is located may apply 29 to the council for an extension of the termination date. Any such application shall be in writing 30 and be received by the city no later than December 31, 1991. Failure to submit a timely 31 extension application shall constitute a waiver of the right to request an extension. The council 32 may grant such an extension if upon the council's determination, the applicant demonstrates 33 that the amortization period is an unreasonable burden upon the business and does not allow 34 adequate time to recover a reasonable return upon the business investment. The applicant shall 35 have the burden of proof to demonstrate hardship with the established termination date and also 36 the time required for an extension. In making its decision, the council may consider any factor 37 relevant to the issue, including but not limited to: 38 a. The degree or magnitude of threat to the public health, safety and general welfare posed 39 by the secondary impacts of the operation. 40 b. The length of time that the adult use has been operating. 41 C. The ease by which the property could be converted to a conforming use. 42 d. The nature and character of the surrounding neighborhood. 43 e. The value and condition of the improvements on the property. 44 f. The amount of the applicant's investment in the business. 45 g. The amount of investment already realized. 46 h. The cost of relocating the adult use. 47 48 (C) Breweries and Distilleries 49 (1) In B2 and B3 districts, production is limited to 15,000 barrels per year and must be 50 accompanied by a taproom/cocktail room. 51 (2) In I and I2, there is no production limit. 52 Page 67 of 141