Ordinance - #91-17 - 11/14/1991 - Laserfiche WebLink

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ORDINANCE #91-17 CITY OF RAMSEY ANOKA COUNTY STATE OF MINNESOTA AN ORDINANCE AMENDING SECTION 9.11.19 OF THE CITY CODE OF THE CITY OF RAMSEY BY AMENDING SECTION 9.11.19, SUBD. 5 ENTITLED "NONCONFORMING ADULT USE - PRINCIPAL OR ACCESSORY". The City of Ramsey Ordains: SECTION 1. AMENDMENT. Section 9.11.19 entitled "Nonconforming Adult Use - Principal or Accessory" of the City Code shall be amended to provide as follows: Subdivision 5. Nonconforming Adults 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 shall be terminated and become illegal on and after 31 January, 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 31 December, 1991. Failure to submit a timely extension application shall constitute a waiver of the right to request an extension. The City 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: a. The degree or magnitude of threat to the public health, safety and general welfare posed by the secondary impacts of the operation. b. The length of time that the adult use has been operating. c. The ease by which the property could be converted to a conforming use. d. The nature and character of the surrounding neighborhood. e. The value and condition of the improvements on the property. f. The amount of the applicant's investment in the business. g. The amount of investment already realized. h. The cost of relocating the adult use.