Sec. 27.04. - Amortization of nonconforming adult-oriented

(a)

Any use of real property existing on the effective date of this ordinance, which does not conform to the provisions of Article 27, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for five years after the effective date of this ordinance. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the city council planning commission in accordance with the provisions of Article 27.

1.

Abandonment: Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in loss of legal non-conforming status of such use.

2.

Amortization-annexed property: Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provision of Article 27 shall be terminated within one year of the date of annexation unless an extension of time has been approved by the city council/planning commission in accordance with the provisions herein.

(b)

Extension of time for termination of nonconforming use. The owner or operator of a nonconforming use as described in this section may apply under the provisions of this section to the planning commission for an extension of time within which to terminate the nonconforming use.

1.

Time and manner of application: An application for an extension of time within which to terminate a use made nonconforming by the provisions of this section 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 City of Colusa planning department at least ninety days but no more than one hundred eighty days prior to the time established herein for termination of such use.

2.

Content of application; fees: The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.

3.

Hearing procedure: The city council shall appoint a commission or hearing officer to hear the application. The application shall be set for hearing within forty-five days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. Appeal from any decision of the commission or hearing officer may be made in writing to the city council within ten days from the date of the commission or hearing officer's decision. Such application shall be accompanied by a fee in an amount as established from time to time by resolution of the city council. The decision of the council shall be final and subject to judicial review.

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 planning commission makes all of the following findings or such other findings as are required by law:

a.

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of this ordinance.

b.

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

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