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• <br /> property parcel upon which the proposed adult use business is <br /> or is to be located, to the nearest point of the parcel of <br /> property or the zoning district boundary line from which the <br /> proposed adult use business is or is to be separated. <br /> 10. Nothing within the locational requirements set forth herein <br /> shall preclude an adult use business from conducting more than <br /> one adult use activity within a single structure provided the <br /> adult use business shall comply with provisions of this <br /> ordinance and all other City ordinances. <br /> 11. In the event an adult use business is legally established in <br /> accordance with the requirements of this Ordinance and does not <br /> constitute a nonconforming use as defined in Section D, and a <br /> sensitive land use described in Section 1 (B) (10) locates <br /> within the required separation distance, the zoning conformity <br /> of the legally established adult use shall not be affected. <br /> D. AMORTIZATION <br /> 1. The nonconforming use provisions set forth in Chapter 19.56 EMC <br /> shall not apply to adult use businesses. For purposes of this <br /> ordinance, a "nonconforming use" constitutes an adult use <br /> business which lawfully existed prior to the enactment of this <br /> ordinance, and is maintained after the effective date of this <br /> ordinance although it does not comply with the adult use <br /> business zoning requirements set forth in this ordinance, or is <br /> an adult use business which lawfully existed prior to <br /> annexation by the City and is maintained after the effective <br /> date of annexation and does not comply with the adult use <br /> business zoning requirements set forth in this ordinance. <br /> 2. Adult use businesses which are nonconforming uses in the zone <br /> in which they are located and which are located within the City <br /> limits of Everett as of the effective date of this ordinance <br /> shall be discontinued within five (5) years of the date this <br /> ordinance becomes effective or upon the expiration of the <br /> leasehold period in existence as of the date this ordinance is <br /> passed, whichever occurs first. Adult use businesses which are <br /> nonconforming as a result of annexation to the City of Everett <br /> shall be discontinued within two years of the date of <br /> annexation. Adult use businesses which are nonconforming <br /> cannot be expanded, enlarged or intensified. Any building <br /> containing a nonconforming adult use business may only be <br /> maintained with ordinary repair. It cannot be expanded nor <br /> enlarged. Any change in a nonconforming adult use business <br /> shall be to a use which is legally permitted within the zone in <br /> which it is located. <br /> 3. In the event a nonconforming adult use business determines that <br /> the period set forth in paragraph 2 of this section does not <br /> provide the adult use business with a reasonable period of <br /> amortization, then no later than 180 days prior to the <br /> expiration of the period, the nonconforming adult use business <br /> shall make application to the City of Everett Land Use Hearing <br /> Examiner for an extension of time. Accompanying the <br /> application shall be a fee in the amount of fifty ($50) <br /> dollars. In determining whether or not to grant the extension <br /> the Examiner shall determine whether or not the harm or <br /> hardship to the nonconforming adult use business outweighs the <br /> -4- <br />