(A) Any sexually oriented businesses operating on (effective date of this title) that is in violation of §§ 10.172.010 through 10.172.050 shall be deemed a non-conforming use. A non-conforming use will be permitted to continue for a two-year period with possible extensions for extenuating circumstances to be granted by the City Council only upon a convincing showing of extreme financial hardship. The extensions shall not exceed a total of three years in addition to the initial amortization period. Such an amortization period has been found to be valid in Lydo Enterprises Inc. vs. City of Las Vegas, United States Court of Appeals for the Ninth Circuit, 745 F.2d 1211. Any such non-conforming business loses its right to operate as a non-conforming use, if, for any reason, it voluntarily discontinues its business operation for a period of 30 days or more or if its license to operate is revoked, and the revocation covers a period of 30 days or more and the revocation is not overturned by a court of competent jurisdiction. The non-conforming uses, while non-conforming, shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. lf 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 the particular location is the conforming use and the later established business(es) is non-conforming.
(B) A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, within 1,000 feet of the sexually oriented business, or the location subsequent to the grant of a sexually oriented business permit or license, of a church, public or private elementary or secondary school, public park, public building regularly frequented by children, or residential district, within 750 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license, but this provision 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not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
(1995 Code, § 10.172.060) (Ord. 00-1854, passed - -2000)