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AgdaPkt 2005-05-09
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AgdaPkt 2005-05-09
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7/16/2012 4:51:15 PM
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5/5/2005 2:07:39 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
5/9/2005
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��- �.� <br /> 27.4 - - <br /> C. For purposes of subsections A and B above, the width of the Bayshore Freeway shall be deemed <br /> to exceed one thousand (1,000) feet. <br /> (Ord. 1 130.298, eff. 6-10-98) <br /> 27.4 Amortization of Nonconforming Sexually Oriented Business Uses. <br /> Any use of real property existing on the date the ordinance adding this Section to Article 27 be- <br /> comes effective that does not conform to the provisions of Section 27.3, but was operated and main- <br /> tained in compliance with all previous regulations, shall he regarded as a nonconforming use that <br /> ma�� be continued for five (5) years after said effective date. On or before expiration of said period, <br /> all such nonconformin_= uses shall be terminated unless an extension of time has been approved by <br /> the Ciry Council in accordance with the provisions of Section 27.5. <br /> A. Abandonment. Notwithstanding the above, any discontinuance or abandonment ofthe use ofany <br /> lot or structure as a sexually oriented business shall result in the loss of legal nonconforn�ing <br /> status of such use. <br /> :- <br /> B. Amortization—Annexed Property. Any sexually oriented business which was a legal use at the <br /> time of annexation to the City of the property on which it is located, but which does not conform <br /> to the provisions of Section 27.3, shall be terminated within five (5) years of the date of annexa- <br /> tion unless an extension of time has been approved by the City Council in accordance with the <br /> provisions of Section 27.5. <br /> (Ord. 1 130.�.193, eff. 7-12-00) <br /> 27.5 Extension of Time for Termination of Nonconforming Use. <br /> The owner or operator of a nonconformin� use as described in Section 27.4 may apply to the <br /> Cit� Council for one extension of time, not to exceed six (6) months, within which to terminate the <br /> noncory�orming use. <br /> ,4. Time and Manner of Application. An application for an extension of time withirf which to ter- <br /> minate a use made nonconforming by the provisions of Section 27.3, shall be filed by the owner <br /> of the real property upon which such use is operated, or by the operator ofthe use, with the Zon- <br /> ing Administrator at least sixty (60) days, but not more than one hundred twenty (120) days, prior <br /> to the time established in Section 27.4 for tern�ination of such use. <br /> B. Content of Application; Fees. The application shal I state the grounds for requesting an extension <br /> of time. The filing fee for such application shall be set forth in the schedule of fees current ai the <br /> time of application, established by resolution of the City Council. <br /> C. Heareng Procedure. The matter shall be set for hearing before the Ciry Council within thirty (30) <br /> days of receipt of the application. All parties involved shall have the right to offer testimonial, <br /> documentarv and other tangible evidence at the hearing on the issues; may be represented by <br /> counsel: and shall have the right to confront and cross-examine witnesses. Any relevant evidence <br /> 133 (RedwcxidCity 7nnmp I-O51 <br />
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