(A) Any business lawfully operating on the effective date of this subchapter that is in violation of the location or structural configuration requirements of this subchapter shall be deemed a non-conforming use. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If 2 or more sexually-oriented businesses are within 1,500 feet of one another and otherwise in a permissible location, the sexually-oriented business which was first established and continually operating 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 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, residential district, within 750 feet of the sexually-oriented business. This provision does not apply when an application for a license is submitted after a license has been revoked.
(Ord. 6 08-05, passed 8-1-2005)