Ordinances-2002-255

Section 13. Nonconforming Uses. A. Any business lawfully operating on the effective date of the ordinance codified in this ordinance that is in violation of the configuration requirements with regard to structure and location contained in this ordinance shall be deemed a nonconforming use. 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 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. If two or more sexually-oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually-oriented business that was first established and continually operating at a particular location is the conforming use and the later established business is nonconforming. B. A sexually-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually-oriented business permit, of a church, synagogue or regular place of religious worship, public or private elementary school or secondary school, licensed day-care center, public park, or residential district within 1,000 feet of the sexually-oriented business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked. Section 14. Additional Regulations for Adult Motels. A. Evidence that a sleeping room in a hotel, motel or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this ordinance. B. It is unlawful if a person, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually-oriented business permit, rents or sub-rents a sleeping room to a person and, within ten (10) hours from the time the room is rented, rents or sub-rents the same sleeping room again. For purposes of subsection B of this section, the term "rent" or "sub-rent" means the act of permitting a room to be occupied for any form of consideration. Section 15. Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos. A person who operates or causes to be operated a sexually-oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction that depicts "specified sexual activities" or "specified anatomical areas", shall comply with the following requirements: A. Upon application for a sexually-oriented permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of