§ 7.48.06. Non-conforming sexually oriented business.

A.

Any sexually oriented business lawfully operating on date of passage of the ordinance from which this chapter is derived that is in violation of any section of this chapter shall be deemed a non-conforming use. The non-conforming use shall be permitted to continue for a period not to exceed three years unless sooner terminated for any reason or discontinued for a period of ninety (90) days or more. However, those sexually oriented businesses obligated by a written lease executed prior to the effective date of the ordinance from which this chapter is derived, or whose activity involved the investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for review by the planning commission for a reasonable extension.

B.

A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the subsequent location of a public or private park, church, hospital or other medical facility, public or private elementary school or secondary school or daycare center, residential lot or residential district within one hundred (100) feet of the sexually oriented business. This provision applies only to an ongoing sexually oriented business, not to a sexually oriented business that has been terminated for any reason or discontinued for a period of ninety (90) days or more subsequent to the location of the public or private park, church, hospital or other medical facility, public or private elementary school or secondary school or daycare center, residential lot or residential district.

( Ord. No. 2012-32, § 6, 10-25-2012 )