§ 15-127. Amortization of nonconforming adult business uses.

(a)

General. Any adult business use of real property existing on September 16, 1998 (the effective date of Interim Ordinance No. 3445), that does not conform to the location provisions of this article, but which was constructed, operated and maintained in compliance with all previous ordinances, shall be regarded as a nonconforming use which may be continued for five (5) years after September 16, 1998. On or before the end of such five-year period, all such nonconforming uses shall be terminated unless an extension of time has been approved by the board of supervisors as provided below. Any discontinuance or abandonment of the use of any real property or structure as an adult business during the five-year period shall result in a loss of the legal nonconforming status of such use. The owner or operator of a nonconforming use may apply under the provisions of this section to the board for an extension of time within which to terminate the nonconforming use.

(b)

Time and manner of application for extension. An application for an extension of time within which to terminate a nonconforming use may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the clerk of the board of supervisors at least ninety (90) days prior to the time established for termination of such use.

(c)

Content of application; fees. The application shall be the same as the adult business permit application and it shall state the grounds for requesting an extension of time. The filing fee for such application shall be in the same amount as the administrative permit fee specified in Butte County Code section 3-43, subsection 17.

(d)

Hearing procedure. The hearing and appeal procedure shall be the same as specified for a permit revocation/suspension proceeding in sections 15-118(b) and 15-119.

(e)

Approval of extension; findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the board makes all of the following findings or such other findings as are required by law:

(1)

The applicant has made a substantial investment in the property or structure on or in which the nonconforming adult business use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to September 16, 1998;

(2)

The applicant will be unable to recoup said investment as of the date established for termination of the use; and

(3)

The applicant made good faith efforts to recoup said investment and to relocate the use to a location in conformance with this article.

(Ord. No. 3619, § 4, 7-25-2000)