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A. Any sexually oriented businesses lawfully operating on the effective date hereof that are in violation of sections 8-19-3 and 8-19-5 of this chapter shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of one year, with a possible extension of one year to be granted by the city planning and zoning commission only upon a convincing showing of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand feet (1,000') of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming, except as provided in subsection 8-19-3C of this chapter.
B. A sexually oriented business lawfully operating as conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, of a church, public or private elementary or secondary school, public park, public building, residential district, or residential lot within one thousand five hundred feet (1,500') of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
C. Any establishment subject to the provision of this section shall apply for the permit provided for by section 8-19-10 of this chapter within thirty (30) days of the effective date hereof. Any establishment, existing prior to the effective date hereof, shall comply with the regulations pertaining to sections 8-19-20, 8-19-22, and 8-19-30 of this chapter, within sixty (60) days of the effective date hereof, and all other applicable permit regulations within thirty (30) days of the effective date hereof. (Ord. 411, 8-14-2002)