(A) Any adult entertainment establishment lawfully operating prior to the effective date of this chapter that is in violation of § 112.04 shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years from the effective date of this chapter, 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 adult entertainment establishments are within 1,000 feet of one another and otherwise in a permissible location, the adult entertainment establishment which was first established and continually operating at a particular location is the conforming use, and the later-established business(es) is nonconforming.
(B) Notwithstanding anything contained herein to the contrary, the City Council may extend the amortization period herein provided to a reasonable period of time for any nonconforming adult entertainment establishment upon a showing by a particular business that without an extension it will be unable to recoup its investment in the nonconforming structure.
(1) Any nonconforming adult entertainment establishment which desires an extension must register with the City Council as a nonconforming use no later than September 1, 1993, and must file an application for an extension of the amortization period not later than December 1, 1993. Requests for an extension of the amortization period shall be limited to one application with the City Council.
(2) This division (B) shall not apply to any establishment which has undergone a change in ownership since the effective date of this chapter.
(C) An adult entertainment establishment lawfully operating as a conforming use after the effective date of this chapter is not rendered a nonconforming use by the location, subsequent to the commencement of operation of the adult entertainment establishment, of a church, public or private elementary or secondary school, public park, recreation center, water park, licensed day care center, Freeway Overlay District, Secondary Freeway Overlay District, residential use or residential zoning district within 1,000 feet of the adult entertainment establishment.
('78 Code, § 2.5-21) (Ord. 969, passed 8-9-93; Am. Ord. 1597, passed 10-23-06) Penalty, see § 112.99