(A) (1) A sexually-oriented business in operation prior to the effective date of this chapter which does not conform to the regulations pertaining to sexually-oriented business as set out above shall be considered to be in non-conforming use that may continue for a period not to exceed six months from the effective date of this chapter, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. After the expiration of the six months, the non-conforming use shall be illegal and shall terminate, except for as provided in division (B) below.
(2) Such non-conforming use shall not be increased, enlarged, extended or altered; except that, the use may be changed to a conforming use. If two or more sexually-oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually-oriented business which was first established and continually operating at a particular location is the business in conforming use and the later-established business is non-conforming.
(3) A sexually-oriented business lawfully operating as a conforming use is not rendered in a non-conforming use by the expansion or new location of a church, school, hospital, healthcare facility, park or residential lot.
(B) (1) In the event an owner of a sexually-oriented business is unable to recoup his or her investment in the sexually-oriented business following the expiration of the amortization period as set out above, then the owner may request additional time by making an application with City Secretary no later than one month prior to the expiration of initial amortization period.
(2) (a) The application must contain:
1. All data the applicant wishes to be considered in support of request for additional time; and
2. Any additional data that is requested by the city/county to evaluate whether the applicant has recouped his or her investment in the adult entertainment enterprise.
(b) An applicant’s failure to supply data requested by the Council shall be considered in evaluating whether he or she has recouped his or her investment in the sexually-oriented business.
(3) Upon application by an owner of a sexually-oriented business, the City Council may, at its discretion, allow additional time to amortize the investment in a sexually-oriented business if it makes the following findings:
(a) The owner has made every effort to recoup his or her investment in the sexually- oriented business;
(b) The owner will be unable to recoup his or her investment in the sexually-oriented business by the end of the amortization period; and
(c) All other applicable provisions of this chapter will be observed.
(4) If the City Council grants additional time, the grant shall be for a period not to exceed one calendar year. If such time is insufficient to amortize, an owner may thereafter apply for additional grants of time to recoup his or her investment in the sexually-oriented business. Such application shall be made no later than 60 days prior to the expiration of the applicable amortization time period.
(5) The City Council shall grant or deny the additional time request by a majority vote. Failure to reach a majority vote shall result in denial of the request for additional time. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the City Council is final.
(Ord. 12809, passed 12-8-2009)