(A) Establishment of nonconformity. Any adult entertainment establishment/adult entertainment use shall be deemed a nonconforming use and the standards of this subchapter shall not apply if the adult entertainment establishment / adult entertainment use, on the effective date of this zoning code was in operation as an adult entertainment establishment/adult entertainment use and held out in the neighborhood and community as an adult entertainment establishment/adult entertainment use. Any establishment seeking to establish nonconforming status as an adult entertainment establishment under the terms of this zoning code, shall submit an application to be declared a nonconforming use to the Planning Commission no later than six months from the adoption of this zoning code. Failure to so submit an application for nonconforming use shall result in the denial of nonconforming status.
(B) Standards for nonconformance. A nonconforming adult establishment/adult entertainment use located within the distances set forth in this subchapter shall be subject to the following supplementary standard, in addition to and including § 178.162 Nonconforming Lots, § 178.163 Nonconforming Uses of Land, § 178.164 Nonconforming Structures, and § 178.165 Nonconforming Uses of Structures and shall not increase the gross floor area or square footage of the structure by more than 10% over a 15-year period, beginning on the effective date of this zoning code.
(Ord. O-2019-24, passed 9-9-2019)