Title 5 - Business Licenses and Regulations

5.05 Adult Businesses

5.05.180 Application to Existing Businesses.

  1. A.
    The provisions of this Ordinance shall apply to all Adult Businesses existing on the effective date of Ordinance No. AEB-1837 as well as to all Adult Businesses established after the effective date of Ordinance No. AEB-1837.
  2. B.
    Any Adult Business lawfully operating on December 15, 1993, that does not comply with section 5.05.070 A (1) and (2) herein shall be deemed a nonconforming business. The nonconforming business will be permitted to continue for a period not to exceed six (6) months, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming businesses shall not be increased, enlarged, extended or altered except that the business may be changed to a conforming business. If two (2) or more Adult Businesses are within 500 feet of one another and otherwise in a permissible location, the Adult Business which was first established and continually operating at a particular location is the conforming business and any later- established business is nonconforming.
  3. C.
    An Adult Business lawfully operating as a conforming business is not rendered nonconforming by the location, subsequent to the grant or renewal of the Adult Business license, of a school, church, licensed day care center, public park or property zoned or used for residential purposes located within the City limits and within six hundred (600) feet of the Adult Business. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked.
  4. D.
    Any nonconforming business may apply to the Governing Body for an extension of time beyond that date provided herein within which to terminate the nonconforming business or make the business conforming. No such extension of time shall be granted for a period longer than one (1) year after the termination date otherwise set forth herein and shall be granted only upon a showing of extreme hardship.

(History: Ord. AEB-2416 §17, 2003; AEB-1944 §19, 95; AEB-1935 §19, 95; AEB-1846 §19, 94)

Effective on: 1/1/1901