(A) Any sexually oriented businesses lawfully operating on August 17, 1994 that is in violation of §§ 120.03, 120.13, 120.14, 120.15, or 120.17 shall be deemed a non-conforming use. A non-conforming use will be permitted to continue for a period of one year, with a possible extension to be granted by the Planning 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. Such nonconforming uses shall not be increased, enlarged or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 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/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 a sexually oriented business permit and/or license, within 500 feet; or a church, public or private elementary or secondary church, public or private elementary or secondary school, public park, public building, residential zone, or residential lot within 1,000 feet; or a business involving the on-premises sale of liquor or any zone other than IP zone within 250 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not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.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. 1161, passed 8-17-94)