§ 7.92.140. Existing adult businesses.

A.

Any adult business that was lawfully operating on the effective date of this chapter in violation hereof shall be deemed a nonconforming use.

Any adult business that was lawfully operating on the effective date of this chapter which became a nonconforming use by reason of the adoption of this chapter or by the amendment to Section 7.92.050, 7.92.060 or 7.92.070 shall cease operation, or otherwise be brought into full compliance with the provisions of this chapter, not later than April 1, 2004, unless sooner terminated for any reason or voluntarily discontinued for a period of 60 consecutive calendar days or more.

A nonconforming use shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use.

B.

Any adult business that is defined by subsection A of this section as a nonconforming use shall be notified in writing of its nonconforming status by the tax collector. Such notice shall be given within 30 calendar days following the effective date of this section or, upon any later discovery by the county of the existence of a nonconforming adult business, within 30 calendar days thereafter. Such notice shall be given to the property owner of record upon which such business is located, the owner of the business, and the holder of the business license for such business (to the extent such parties are different and are identifiable and accessible). Such notice shall also advise those parties of the expiration on April 1, 2004, of the amortization period established in subsection A of this section. Such notice shall be given by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions.

C.

No adult business which was rendered nonconforming by the adoption of this chapter or by the amendment to Section 7.92.050, 7.92.060 or 7.92.070 shall continue to be operated without complying with all of the provisions of this chapter otherwise applicable to such adult business following expiration of the amortization period set forth in subsection A of this section.

D.

Notwithstanding Section 7.92.090, an adult business license granted prior to April 1, 2004, to an adult business which is defined by subsection A of this section as a nonconforming use shall be valid until March 31, 2004, and shall not be valid thereafter.

(Ord. 2003-0067 § 44, 2003.)