(A) Any business lawfully operating on the effective date of this subchapter that is in violation of the locational requirements of this subchapter shall be deemed a pre-existing location. The pre-existing location will be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such pre-existing location shall not be increased, enlarged, extended or altered except that it may be changed to a non-sexually oriented business. 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 that was first established and continually operating at a particular location is the permissible location and the later-established business(es) is the pre-existing location.
(B) A sexually oriented business lawfully operating as a permissible location is not rendered a pre-existing location by the location, subsequent to the grant or renewal of the sexually oriented business permit and/or license, of a church, synagogue, or regular place of religious worship, public or private elementary or secondary school, licensed day-care center, public park, or primarily residential area within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license, and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
(Ord. O-011, passed 3-18-2004)