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Ordinance 2144-96
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Ordinance 2144-96
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Ordinances
Ordinance Number
2144-96
Date
5/8/1996
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4. All nonconforming adult use businesses which are in existence as of November 7, 1986, <br /> shall provide the city's planning director with copies of their current leasehold document(s) <br /> which sets forth their existing leasehold time period or, in the case of a nonleasehold interest, the <br /> city's planning director shall be provided other documents which show record of ownership. <br /> These documents shall be provided to the planning director by May 7, 1987. <br /> be and the same is hereby amended to read: <br /> B. Amortization. <br /> 1. The nonconforming use provisions set forth in Chapter 38 of this title shall not apply to <br /> adult use businesses. For purposes of this title, a "nonconforming adult use business" constitutes <br /> an adult use business which lawfully exists as an adult use business which receives <br /> nonconforming status by virtue of an order from a court of competent jurisdiction, or which <br /> lawfully existed as an adult use business prior to a change in the zoning which change does not <br /> permit an adult use business in its existing location and is maintained as an adult use business <br /> although it does not comply with the adult use business zoning requirements set forth in this title, <br /> or is an adult use business which lawfully existed prior to annexation by the city and is maintained <br /> after the effective date of annexation and does not comply with the adult use business zoning <br /> requirements set forth in this title. <br /> 2. Adult use businesses which are nonconforming uses in the zone in which they are located <br /> and which are located within the city limits shall be discontinued within one year of the date of <br /> becoming a nonconforming adult use business or upon the expiration of the leasehold period in <br /> existence as of the date of becoming a nonconforming adult use business, or upon the sale of the <br /> nonconforming adult use business, whichever occurs first. Adult use businesses which are <br /> nonconforming as a result of annexation to the city shall be discontinued within one year of the <br /> date of annexation. Such nonconforming adult use businesses shall not be extended, expanded, <br /> enlarged or increased in intensity. Such prohibited activities (extend, expand, enlarge, increase in <br /> intensity) shall include: <br /> a. Extension of a nonconforming adult use business to any building or other structure or <br /> land area other than one occupied by such use as of the date of becoming a nonconforming adult <br /> use business. <br /> b. Extension of any specific type of nonconforming adult use business, as separately defined <br /> in Chapter 4 of this title, within a building or other structure to any portion of the floor area that <br /> was not occupied by that same type of adult use business as of the date of becoming a <br /> nonconforming adult use business. <br /> c. Operation of a nonconforming use in such manner as to conflict with, or to further <br /> conflict with if already conflicting as of the date of becoming a nonconforming adult use <br /> business. <br /> Any change in a nonconforming adult use business shall be to a use which is legally permitted <br /> witjiin the zone in which it is located. In the event a nonconforming adult use business, or portion <br /> 23 <br />
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