SEC. 16-339. EXISTING ADULT BUSINESSES.

(A) Any adult business lawfully operating on the effective date of this article [September 23, 1993] in a location in which section 16-337 does not allow an adult business to be established shall be deemed a nonconforming use and may continue to operate in such location for a period of 14 months, provided an adult business permit is issued for the business as provided in sections 16-340 through 16-342. The planning commission may grant one or more than one year extensions of such period on a convincing showing by the permittee of extreme financial hardship, which is defined as the inability of a reasonably prudent operator of the business to recover a reasonable financial investment in the business within the time allowed. “Reasonable financial investment” refers to investment as of August 10, 1993, including any written lease entered into by the permittee before such date and extending more than one year from such date.

(B) A nonconforming use may not increase the floor area occupied by the adult business on the effective date of this article. A nonconforming use shall terminate if voluntarily discontinued for 30 or more consecutive days. However, a nonconforming use may be changed to a conforming use.

(C) An adult business lawfully operating on the effective date of this article in a location in which section 16-337 allows an adult business to be established is not rendered nonconforming by the location, subsequent to the grant or renewal of an adult business permit, of a religious institution, school, public building, public park, recreation area, youth organization, residential zone or property used for residential purposes, within 1,000 feet of the adult business. This provision applies only to the renewal of a valid adult business permit and does not apply when an application for a permit is submitted after a permit has expired or been revoked.

(D) If two or more adult businesses are lawfully operating on the effective date of this article in locations in which section 16-337 allows adult businesses to be established and are within 750 feet of one another, the adult business that was first established and has been in continuous operation at the particular location is the conforming use and the later established business is nonconforming.

(E) All adult businesses operating on the effective date of this article shall apply for an adult business permit as provided in section 16-340 within 30 days of such effective date. No such adult business shall continue to operate if

the permit is denied.

(F) All adult businesses (except adult motels) operating on the effective date of this article and exhibiting on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the provisions of section 16-349 in order to be eligible for issuance of an adult business permit.

(`64 Code, Sec. 34-204) (Ord. No. 2313)