(A) Any business lawfully operating on the effective date of this chapter that is in violation of the location or structural configuration requirements of this chapter shall be deemed a nonconforming use. The nonconforming use 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 nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to by conforming use. If two or more sexually-oriented business are within 1,500 feet of one another and otherwise in a permissible locations, the sexually-oriented business that was first established and continually operated at a particular location is the conforming use and the later-established business(es) is 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 church, synagogue or regular place of religious worship, public or private elementary or secondary school, licensed day-care center, public park within 500 feet of the sexually-oriented business or residential district within 100 feet of the sexually-oriented business. This provision applies only to the renewal of a valid business license and does not apply when an application for a business license is submitted after an operator’s license has expired or has been revoked.
(Prior Code, § 10-912) (Ord. 751, passed 3-23-2004)