(a) Any sexually oriented business lawfully operating at the time of the enactment of this chapter that is in violation of Section 737.03 shall be deemed a non-conforming use. A non- conforming use may continue upon a showing of extreme financial hardship, unless voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming 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 non-conforming by the subsequent location of a protected use within four hundred (400) feet of the sexually oriented business. This division does not apply to a business whose permit and/or license has expired or been revoked.
(c) Any establishment subject to the provisions of this chapter shall apply for a permit as provided under Section 737.06 within thirty (30) days of the effective date of this chapter. (Ord. 12-1998. Passed 7-27-98.)