(a) Any sexually-oriented business lawfully operating on August 1, 2000, that is not in conformity with the provisions of this chapter shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless terminated sooner for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses 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 800 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 conforming use and the later established business(es) is/are nonconforming.
(b) A sexually-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually-oriented business license, of a use listed in Section 1294.12(a) within 800 feet of the sexually-oriented business. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or been revoked.
(Ord. 00-040. Passed 11-21-00; Ord. 01-014. Passed 7-17-01.)