(A) Any adult business which does not conform to the locational criteria set forth in § 155.602 shall be regarded as a nonconforming use which may be continued for a period not to exceed one year from the effective date of this chapter, unless an extension has been approved in accordance with the provisions of § 155.604.
(B) Any adult business located in any territory annexed to the city shall comply with the provisions of this chapter. If such use is found to be nonconforming to this chapter at the time of annexation, the amortization schedules provided in this section shall begin on the effective date of said annexation.
(C) The City Manager shall cause official notification to be sent to the legal property owner of record as it appears on the county tax roll by U.S. registered mail, stating the nonconforming status of such adult business on the property at least 120 days prior to the expiration of the amortization period. Failure to give notice of the expiration of the amortization period shall not be grounds to prevent an action seeking declaratory and/or injunctive relief against the owner of the business. If notice of the expiration of the amortization period is not given, any application for an extension of the amortization period, pursuant to § 155.604, shall not be denied on the grounds that it is untimely. If the operator of such business is different from that of the legal property owner, additional notification shall be sent to the business operator by U.S. registered mail.
(D) No legal nonconforming adult business shall expand, enlarge, or modify the area, space or volume occupied or devoted to such nonconforming use, or relocate or convert into another adult use without first securing an adult business regulatory license from the City Manager in accordance with Chapter 125.
(E) Should any legal nonconforming adult business cease operation for a period exceeding six consecutive months within the amortization schedule provided in this section, said use shall be deemed to forfeit its legal nonconforming status and shall not be continued or reopened at said location.
(F) Upon the conclusion of the amortization schedule specified in this section and/or any extension granted pursuant to § 155.604, any legal nonconforming adult business shall cease all business operation and shall remove all signs, advertising and displays relating to said business within 15 days of city notification.
(Ord. 979, passed 12-14-06; Am. Ord. 978, passed 1-11-07) Penalty, see § 10.97