Ordinance 2144-96 - Laserfiche WebLink

thereof, is changed to a use which is legally permitted within the zone in which it is located, then the structure or portion thereof which contained the adult use business cannot thereafter be used or reused for any type of adult use business. In the event a nonconforming adult use of a building or structure is vacated, closed or abandoned for a period in excess of six months, the structure shall not thereafter be used except in conformance with a use which is legally permitted within the zone in which it is located. Repairs and alterations to a nonconforming adult use business building or structure shall be limited to nonstructural repairs and incidental alterations for normal maintenance and shall only be permitted to the extent necessitated by normal wear and tear. No structural alterations shall be allowed. A building or structure containing a nonconforming adult use business which is damaged or destroyed by fire, wind, earthquake or other natural disaster can be restored and the same use or occupancy continued or resumed provided the total cost of such restoration does not exceed the value of the building or structure at the time of such damage. Restoration of a structure or building housing a nonconforming adult use business or moneys used therefor shall not be used as factors by the examiner when considering any request of a time extension made pursuant to subdivision 3 of this subsection. 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 and 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 and fifty dollars ($250) 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,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, and what a reasonable alternate use of the property exists. The action of the examiner shall constitute a Review Process III decision under Ordinance No. 2136-96 (as it exists or is hereafter amended). 4. Within thirty (30) calendar days of becoming a nonconforming adult use business,the nonconforming adult use, shall provide the city's planning director with copies of its current leasehold document(s) which sets forth their existing leasehold time period or, in the case of a nonleasehold interest, the city's planning director shall be provided other documents which show record of ownership. Section 17. Resolution No. 4264 is hereby incorporated herein by reference. An emergency is declared to exist and this ordinance shall take effect immediately. This is a public emergency ordinance necessary for the immediate preservation of the public health and safety. 24