5.58.140 - Amortization of nonconforming uses.

(1)

Any adult business lawfully operating on the effective date of this chapter, which does not conform with the provisions of this chapter shall be deemed a nonconforming use.

(A)

Any adult business lawfully operating on the effective date of this chapter, which becomes nonconforming due to the locational requirements contained in Section 5.58.030 shall cease operation, or otherwise be brought into full compliance with the locational requirements, no later than June 30, 2002.

(B)

Any adult business lawfully operating on the effective date of this chapter, which becomes nonconforming due to the operational and performance standards contained in Section 5.58.120 shall cease operation, or otherwise be brought into full compliance with the development standards and with the operational and performance standards contained in Section 5.58.120, no later than one year from the effective date of this chapter.

(2)

The planning commission may extend the deadlines contained in subsections (1)(A) and (1)(B) of this section for no more than one additional year upon a showing of extreme financial hardship. Extreme financial hardship is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more.

(3)

An application for an extension of the deadlines contained in subsections (1)(A) and (1)(B) of this section shall be filed with the city administrator at least thirty days before the expiration of the deadlines in subsections (1)(A) and (1)(B) of this section. The planning commission, in considering such an application for an extension of the deadlines contained in subsections (1)(A) and (1)(B) of this section, shall consider the following criteria in making a determination:

(A)

The owner's financial investment in the business as compared with the revenue derived from the business or the period of time the owner has had to recoup his or her financing investment prior to the effective date of this chapter.

(B)

The present actual and depreciated value of permanent fixtures.

(C)

The applicable federal tax depreciation schedule for such fixtures.

(D)

The remaining useful life of the permanent fixtures.

(E)

The remaining term of any lease or rental agreement under which the business is operating on the date this chapter is adopted.

(F)

Whether the business can be brought into conformance with all applicable requirements of this chapter without requiring to be relocated.

(G)

Whether the business must be discontinued at the preset location or in order to comply with the requirements of this chapter and, if such relocation is required:

(H)

The potential availability of relocation sites; and

(I)

The ability of the owner to change the business to a conforming use.

(4)

Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

(5)

Such nonconforming uses shall terminate if the use is discontinued for a period of thirty days or more. This subsection shall not apply to uses discontinued due to suspensions of permit for thirty days or more.

(6)

An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a religious institution, school, public park, business with an ABC license, boys' and girls' club, residential zone, or residential use within five hundred feet of the adult business. This provision does not apply when an application for a permit is submitted after a permit has expired or has been revoked.

(Ord. 539 §2(part), 1999).