A. Any sexually oriented businesses lawfully operating on the effective date of the ordinance codified in this chapter that is in violation of sections 5.16.030 and 5.16.050 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 council 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.
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 feet (1,000') 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not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.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 provisions of this section shall apply for the permit provided for by section 5.16.080 of this chapter within thirty (30) days of the effective date of the ordinance codified in this chapter. Any establishment existing prior to the effective date of the ordinance codified in this chapter shall comply with the regulations pertaining to sections 5.16.190, 5.16.210 and 5.16.250 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. 95-176 § 6)