(A) Any sexually oriented business lawfully operating at the time of the enactment of this section that is in violation of § 119.03 shall be deemed a nonconforming use. A nonconforming use may continue for one year, and may be extended by the Planning Commission upon a showing of extreme financial hardship, unless voluntarily discontinued for a period of 30 days or more. Such nonconforming uses may not be increased, enlarged, extended or altered unless to a conforming use. Where two or more sexually oriented businesses are operating in a permissible area, the first business to have been established and continually operating is the conforming use.
(B) A sexually oriented business lawfully operating as a conforming use is not rendered nonconforming by the subsequent location of a protected use within 200 feet of the sexually oriented business. This division does not apply to a business whose permit and/or license has been expired or revoked. Similarly, a sexually oriented business is not rendered nonconforming by the subsequent location of a business holding a valid liquor license or the issuance of a valid liquor license to an existing business within 200 feet of the sexually oriented business.
(C) Any establishment subject to the provisions of this section shall apply for a permit as provided under § 119.06 within 30 days of the effective date of this chapter.
(Ord. 10-1575, passed 4-6-10) Penalty, see § 110.99