(A) Any sexually oriented businesses lawfully operating on 8-1-2001 that is in violation of §§ 113.15 and 113.17 shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of one year, with a possible extension of one year to be granted by the Plan Commission only upon a convincing showing of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The 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 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming, except as provided in division (B) below.
(B) A sexually oriented business lawfully operating as conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, of a church, public or private elementary or secondary school, public park, public building, residential district, or residential lot 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not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
(C) Any establishment subject to the provisions of this section shall apply for the permit provided for by § 113.21 within 30 days of the effective date of this chapter. Any establishment, existing prior to the effective date of this chapter, shall comply with the regulations pertaining to §§ 113.32, 113.34, and 113.41, within 60 days of the effective date of this chapter, and all other applicable permit regulations within 30 days of the effective date of this chapter.
(Ord. 2001-8, passed 9-12-2001) Penalty, see § 113.99