§ 10.5-114. Nonconforming adult uses.

(a)

Adult uses which have been established at their existing locations prior to the effective date of this division, and which are not in conformity with the locational requirements of this division, may continue to operate for one year after the effective date of this division, unless terminated sooner for any reason, including failure to have a valid adult use license or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. After the one-year period, a nonconforming adult use shall be regarded as operating in violation of this division.

(b)

If two (2) or more adult use business establishments are within two thousand five hundred (2,500) feet of one another, but otherwise in a permissible location, the adult use business establishment which first began continual operation at the particular location is the conforming use, and the later-established adult use business establishment is nonconforming.

(c)

An adult use business establishment lawfully operating or permitted to operate as a conforming use is not rendered a nonconforming use through the location, during the period of validity for any certification of compliance or adult use permit, of a church, school, specified residential zone, or public recreation area.

(d)

In the event that a court of competent jurisdiction determines that, as applied to a particular nonconforming adult use, the one-year period for attaining conforming status is unenforceable, then a two-year period shall apply.

(Ord. No. 92-25, § 22, 9-1-92; Ord. No. 01-05, § I, 2-13-01)