§ 5-8.104. Nonconforming sexually oriented business uses.

Any use of real property existing on June 29, 1998, which does not conform to the provisions of Section 5-8.103, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, or altered except that the use may be changed to a conforming use.

(a)

Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as a sexually oriented business for thirty (30) days or more shall result in a loss of legal nonconforming status of such use.

(b)

Amortization—Annexed property, zone change. Any sexually oriented business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of Section 5-8.103 or which was a legal use at the time that it was established but which has become nonconforming because of change in zoning, shall be terminated within one year of the date of annexation or zone change unless an extension of time has been approved by the hearing officer in accordance with the provisions of Section 5-8.105.

(§ 2, Ord. 932, eff. July 30, 1998)