Sec. 27-406.  Nonconforming uses.


(a)    Any sexually oriented business lawfully operating on the effective date of this article that is in violation of this article shall be deemed a nonconforming use. The nonconforming use will be permitted to continue unless sooner terminated for any reason or voluntarily discontinued for a period of 30 calendar 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 upon application and issuance of a registration. Such nonconforming use shall not be made to conform to the location and operational standards unless said use is in violation of Chapter 13, Article XVI of this Code.


(b)    A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the establishment of a Section 27-405(b) or 27-405(c) use, subsequent to the grant of the sexually oriented business registration, within 500 feet or 1,000 feet, respectively, of the sexually oriented business. This provision applies only to the renewal of a valid registration, and does not apply when an application for a registration is submitted after a registration has expired, has not been continuously in effect, or has been revoked.


Source:  Ord. No. 5727, 5, 04-19-2021;