A. Any sexually oriented business (lawfully operating on the effective date of this chapter), that is in violation of § 473-113 shall be deemed a nonconforming use. The three existing businesses: Al's Diamond Cabaret, 1810 North 50th Street; The Second Story Lounge, 612 Franklin Street; and the Reading Adult Outlet, 316 Penn Street, shall be grandfathered for location only and will be permitted to operate in their current locations; however, all other provisions of this chapter apply and are enforceable. The nonconforming use will be permitted to continue, unless terminated for any reason or voluntarily discontinued for a period of 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 or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are nonconforming.
B. Any sexually oriented business lawfully operating on the effective date of this chapter that is in violation of § 473-113, but located in an area zoned for commercial highway as defined in Chapter 600, Zoning, of the Code of the City of Reading, shall be deemed a nonconforming use and shall be allowed to continue operating as long as this business is in compliance with all other requirements of this chapter governing sexually oriented businesses.
C. Sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in § 473-113B within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application is made for a license after the applicant's previous license has expired or been revoked.