§ 261-5 Chapter 261 Sexually Oriented Businesses

Nonconforming adult uses.

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A. Any adult use business lawfully operating on the effective date of this chapter that is in violation of the location or structural configuration requirements of this chapter shall be deemed a nonconforming use. The continuation of the same use of substantially the same character and intensity shall be allowed. The nonconforming use will be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of 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.

If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the adult use business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.B. An adult use business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the operation of the adult use business, of a church, public or private elementary or secondary school, public park, residential zoning district or a residential lot within 500 feet of the adult use business.

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