(a) Any sexually-oriented business lawfully operating on the effective date of Ordinance No. 93-117 that is in violation of section 86-556 will be permitted to continue for a period of six months from the effective date thereof.

(b) Notwithstanding the provisions of subsection (a) of this section, the licensing administrator may grant an extension of time during which a sexually-oriented business in violation of section 86-556 will be permitted to continue upon a showing that the owner of the business has not had a reasonable time to recover the initial financial investment in the business. No such extension of time shall be for a period of greater than that reasonably necessary for the owner of the business to recover his or her initial financial investment in the business. A sexually-oriented business in violation of section 86-556 may continue during such extended period unless the business is sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such business shall not be enlarged, extended, or altered except that the business may be brought into compliance with this article.

(c) If two or more sexually-oriented businesses are within 1,500 feet of one another and otherwise in a permissible location, the sexually-oriented business which was first established and continually operating at the particular location will be deemed to be in compliance with 86-556 and the later established business(es) will be deemed to be in violation of section 86-556.

(d) A sexually-oriented business lawfully operating is not rendered in violation of section 86-586 by the location, subsequent to the grant or renewal of a sexually-oriented business permit and/or license, of a church, school, dwelling unit (single or multiple), public park, or residential district within 1,500 feet of the sexually-oriented business. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked. (Ord. No. 98-86, § 18, 11-30-1998)