Ordinance 2538-01 - Laserfiche WebLink

3. In the event a nonconforming adult use business determines that the period set forth in subdivision 2 of this subsection does not provide the adult use business with a reasonable period of amortization, then no later than one hundred eighty days prior to the expiration of the period, the nonconforming adult use business shall make application to the city land use hearing examiner for an extension of time. Accompanying the application shall be a fee in the amount of two hundred fifty dollars and detailed information addressing the below-listed factors to be considered by the hearing examiner. In determining whether or not to grant the extension, the examiner shall determine whether or not the harm or hardship to the nonconforming adult use business outweighs the benefit to be gained from the public from termination of the use. Factors to be considered by the examiner include the location of the business in relation to sensitive land uses such as schools,parks, churches,residential zone(s), etc., initial capital investment, investment realization to date, life expectancy of the investment, the existence or nonexistence of a lease obligation, as well as a contingency clause permitting termination of the lease, or whether a reasonable alternate use of the property exists. The action of the examiner shall constitute a Review Process III decision under Title 15 of this code (as it exists or is hereafter amended). BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: 3. In the event a nonconforming adult use business determines that the period set forth in section 2 of this subsection does not provide the adult use business with a reasonable period of amortization, then no later than one hundred eighty days prior to the expiration of the period, the nonconforming adult use business shall make application to the city land use hearing examiner for an extension of time. Accompanying the application shall be a fee in the amount of two hundred fifty dollars and detailed information addressing the below-listed factors to be considered by the hearing examiner. In determining whether or not to grant the extension, the examiner shall determine whether or not the harm or hardship to the nonconforming adult use business outweighs the benefit to be gained from the public from termination of the use. Factors to be considered by the examiner include the location of the business in relation to sensitive land uses such as schools, parks, churches, residential zone(s), etc., initial capital investment, investment realization to date, life expectancy of the investment, the existence or nonexistence of a lease obligation, as well as a contingency clause permitting termination of the lease, or whether a reasonable alternate use of the property exists. The action of the examiner shall be in accordance with the review process as described in the City's Local Project Review Procedures Ordinance. SECTION 66: That Ordinance No. 1671-89 as amended by Section 58 of Ordinance No. 1849-92, Section 5 of Ordinance No. 1864-92 and Section 2 of Ordinance No. 2290- 98 (EMC 19.39.040 A) which reads in part as follows: A. Antennas. 1. Except for amateur radio towers and antennas and as otherwise allowed by subsection 41.150D.1.c of this title, the height of any antenna shall not exceed five feet above the maximum permitted building height above the base elevation of the principal 55