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(A) Any business lawfully operating on the effective date of this subchapter that is in violation of the location or structural configuration requirements of this subchapter shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. 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 is nonconforming.
(B) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, synagogue, or regular place of religious worship, or public or private school, within 1,000 feet, or the location of a boundary of any residential zoned district or any residential structure, a licensed day care center or a public park within 500 feet or the location of a campground/recreational vehicle park or an outdoor recreational park within 500 feet. This provision does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
(Ord. 02-05, passed 8-5-2002) Penalty, see § 153.999