Agenda - Planning Commission - 05/01/2003

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Comprise no more than 20% of the gross receipts of the entire business operation. Not involve or include any activity except the sale or rental of merchandise. bo Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access: Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation. Magazines. Publications classified or qualifying as adult uses shall not be physically accessibte to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. Other Use. Adult uses-accessory not specifically cited shall comply with the intent of this Section subject to the approval of the Zoning Administrator. Adult use-accessory shall be prohibited from both internal and external advertising and signing of adult materials and products. Subd. 5. Nonconforming Adult Use - Principal or Accessory. Adult uses which are classified as legal nonconforming uses may continue in accordance with the provisions of this Chapter, except that any such nonconforming use shalI be terminated and become illegal on and after January 31, 1992. To the extent possible, the City shall attempt to identify all such uses which become classified as nonconforming under the provisions of this subdivision and shall notify the property owners and operators of such uses in writing of the change in status and the terms and conditions which apply. The owner of any property on which an adult use is located may apply to the Council for an extension of the termination date. Any such application shall be in writing and be received by the City no later than December 31, 1991. Failure to submit a timely extension application shall constitute a waiver of the right to request an extension.' The Council may grant such an extension if upon the Council's determination, the applicant demonstrates that the amortization period is an unreasonable burden upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant shall have the burden of proof to demonstrate hardship with the established termination date and also the time required for an extension. In making its decision, the Council may consider any factor relevant to the issue, including but not limited to: 256 9.1~ r~ .... , ........... ,~ ........