(A) A sexually oriented business, existing and operating lawfully in all respects prior to the effective date of the passage of this chapter, that is in a location that does not comply with § 112.15, may continue to operate for one year following the effective date of the passage of this chapter in order to make a reasonable recoupment of its investment in its current location. At the conclusion of said one year, the sexually oriented business will no longer be allowed to operate at any location that does not comply with § 112.15. The sexually oriented business may seek one or more six-month extension(s) of the original one-year period upon a showing of financial hardship. An application for an initial extension based upon financial hardship shall be made at least 60 days before the conclusion of the aforementioned one-year period. If a hardship extension is granted, subsequent applications for hardship extensions shall be made at least 60 days before the conclusion of the sexually oriented business’s then-current extension period.
(B) Procedure for seeking hardship extension. An application for a hardship extension shall be filed in writing with the Town Council, and shall include evidence of purchase and improvement costs, income earned and lost, depreciation, and costs of relocation and evidence of compliance with the town’s ordinances applicable to the business. The Town Council shall schedule the matter for a public hearing at the next regularly-scheduled Town Council meeting. The Town Council shall issue a written decision within ten days after the public hearing on the application for a hardship extension.
(C) A sexually oriented business operating lawfully shall not be considered to be operating unlawfully if said sexually oriented business is granted a permit or license or a renewal of said permit or license and thereafter a religious institution, school, public park, public building, residential property, or residence locates within 1,000 feet of said sexually oriented business.
(D) This provision applies only to the renewal of a valid permit or license and does not apply when an application for a permit or license is submitted after a permit or license has expired or has been revoked.
(E) A sexually oriented business existing and operating lawfully in all respects prior to the effective date of the passage of this chapter shall apply for the permit provided for by § 112.35 within 30 days of the effective date of this chapter.
(2011 Code, § 112.06) (Ord. 2005-04, passed 10-3-2005)