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City of Nowthen

Section · LICENSES

Ch.6 § 6-4

Verified

Canonical: Nowthen.CityCode.Ch6.§6-4

LICENSES · NONCONFORMING ADULT USE-PRINCIPAL OR ACCESSORY

A. Adult uses which do not conform to the requirements, restrictions and prohibitions of this Section shall be classified as legal nonconforming uses and may be continued in operation until February 21, 1996. B. After February 21, 1996, all nonconforming uses shall be terminated and become illegal unless brought into conformance with this Section. C. The City shall attempt to identify all such uses which become classified as nonconforming under the provisions of this Section and shall notify the property owners and operators of such uses in writing of the change in status of such property under this Section. D. The owner of any property on which an adult use is located may apply to the City Council for an extension of the termination date. The applicant shall have the burden for proving hardship based upon the established termination date. In making its decision, the City Board may consider any factor relevant to the issue, including, but not limited to: 1\. The degree of magnitude of threat to the public health, safety and general welfare posed by the secondary impacts of the nonconforming operation. 2\. The length of time that the adult use has been operating. 3\. The ease by which the property could be converted to a conforming use. 4\. The nature and character of the surrounding neighborhood. 5\. The value and condition of the improvements on the property. 6\. The amount of the applicant's investment in the business. 7\. The amount of investment already realized. <!-- PageNumber="6 - 44" --> <!-- PageBreak --> 8\. The cost of relocating the adult use. (Ord. #9, adopted February 13, 1996) 6-6-5: VIOLATION: The City may enforce any provision of this Section by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. (Ord. #9, adopted February 13, 1996) 6-6-6: PENALTY: Any violation of this ordinance is a misdemeanor. (Ord. #9, adopted February 13, 1996) <!-- PageNumber="6 - 45" -->

Amendment history

No amendments recorded for this section yet. Admin review will populate this from minutes & agenda packets.