§ 154.147  NON-CONFORMING USES.
   (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 non-conforming use. The non-conforming use will be permitted to operate for a period not to exceed one year following the effective date of this chapter in order to make a reasonable recoupment of its investment in its current location. Such non-conforming 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 that was first established and continually operated at a particular location is the conforming use and the later-established business(es) is non-conforming.
   (B)   A sexually-oriented business lawfully operating as a conforming use is not rendered a non-conforming 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 or residential district within 1,000 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does not apply when an application for a business license is submitted after an operator’s license has expired or has been revoked.
(Ord. passed 9-1-2006)  Penalty, see § 154.999