This chapter shall apply to the establishment of all adult related establishments upon the effective date of the adoption of this chapter by the city council. Adult related establishments which are in existence prior to the effective date hereof and are made nonconforming by reason of the provisions of this chapter shall be subject to the following regulations:
(A) Such adult related establishments shall not be enlarged, increased or extended to occupy a greater area.
(B) Upon the substantial destruction of the building, or portion of the building, in which such adult related establishment exists, the business shall be considered terminated and may not be resumed. For the purposes of this subsection, "substantial destruction" means damage by fire or water or other causes to the extent of more than fifty percent (50%) of the building's assessed value.
(C) If such business is discontinued for a continuous period of more than six (6) months for any reason, said adult related establishment shall be considered terminated and may not be reestablished.
(D) Such adult related establishment shall be terminated within two (2) years from the effective date of this chapter. A variance from this provision may be obtained if such business continues to be in noncompliance with the requirements of this chapter, upon the finding that the business is obligated by written lease entered into before the effective date of this chapter for a period exceeding two (2) years from such effective date, or that the activity involves investment of money in a leasehold or improvements such that a longer period is necessary to prevent undue financial hardship. For the purpose of this subsection, an option to renew a lease shall not be evidence that a business is obligated by a written lease for a period beyond the current term of the lease. The variance procedure and fees shall be the same as provided in section 10-9-9 of this chapter and section 10-3-6 of this title.
(E) Nonconforming adult related establishments shall, within thirty (30) days from the effective date of this chapter, comply with all other applicable provisions of this code. (Ord. 1408, 11-25-1986)