A. Any sexually oriented business lawfully operating on November 18, 1999, that is in violation of sections 3-8-3 and 3-8-4 of this chapter, shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of one (1) year, with a possible extension of one (1) year to be granted by the planning commission only upon a convincing showing of “extreme financial hardship,” which is defined as the recovery of the initial financial investment in the nonconforming use, 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 (2) or more sexually oriented businesses are within one thousand feet (1,000') of one another and otherwise in a permissible location, the sexually oriented business which was first established and has been in continuous operation at the particular location is the conforming use, and the later established business is nonconforming. (Ord. 11-5-1999, 11-18-1999)

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 a sexually oriented business permit and/or license, of a religious institution, school, boys club, girls club or similar youth organization, public park, public square, public building, residential district, property zoned for residential use or residential lot within one thousand feet (1,000') of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked. (Ord. 2017-04-002, 4-6-2017)