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nonconforming by the provisions of section 41-139, 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 Planning and Building Agency at least six (6) months but no more than eighteen (18) months prior to the time established in section 41- 690.1 for termination of such use. (b) Content of application; fees. The application shall fully 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. (c) Hearing procedure. The Planning Commission shall hear the application at a duly noticed public hearing to be held not later than 45 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. (d) 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: (1) 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 a conforming use; and such investment was made prior to July 1, 2001; and (2) The applicant will be unable to recoup said investment as of the date established for termination of the use; and (3) The applicant has made good faith efforts to recoup the investment; and (4) Despite the applicant's good faith efforts, significant numbers of long-term hotel guests who have continuously been hotel guests prior to July 1, 2001, have not checked out. Ordinance No. NS-2471 Page 8 of 10