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A. Any sexually oriented business in operation on the effective date of the Ordinance adopting this Chapter, whose operation at a location is prohibited by this Chapter, shall be deemed to be a nonconforming use. Subject to the provisions of Article III of the Zoning Ordinance, such non-conforming use may be continued at such location notwithstanding the provisions of this Chapter. Such business shall be considered to be in operation on the effective date of this Chapter if the business has been in continuous operation for a period of at least thirty (30) days prior to the date of the first reading of the Ordinance adopting this Chapter or has expended at least one thousand dollars ($1,000.00) for construction of improvements to any building or structure occupied by such business prior to such date. Such non-conforming 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 Section 3-6-3 C.
B. A 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 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 two thousand five hundred feet (2,500') 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not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.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 3-6-1 0 within thirty (30) days of the effective date of this Chapter. Any establishment, existing prior to such effective date, shall comply with the regulations pertaining to Sections 3-6-2 0 and 3-6-22 within sixty (60) days of such effective date, and all other applicable permit regulations within thirty (30) days of the effective date. (Ord. 2019-607, 8-15-2019)