§ 12-223. Nonconforming uses; qualifications.

(a)

An adult entertainment establishment that was within a zoning district wherein adult entertainment establishments were permitted or on an unzoned parcel of property which, on July 26, 1988, was located within 1,000 feet of any preexisting religious institution, within 1,000 feet of a preexisting education institution, or within 200 feet of an area zoned for residential use, shall cease operation by July 26, 1998.

(b)

The operation of an existing place of business where alcoholic beverages are sold, offered for sale, or consumed that meets the revised definition of adult dancing establishment provided herein ("Adult dancing establishment" means an establishment that permits, suffers, or allows employees to display or expose specified anatomical areas, or allows employees to wear any covering, tape, pasties, or other device that simulates or otherwise gives the appearance of the display or exposure of any specified anatomical areas, regardless of whether the employees actually engage in dancing."), but did not meet the prior definition of adult dancing establishment ("adult dancing establishment" means an establishment where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing.) that was within a zoning district wherein adult entertainment establishments were permitted or on an unzoned parcel of property which, on January 20, 2004 was located within 1,000 feet of a preexisting adult entertainment establishment as defined herein or within 200 feet of any preexisting commercial establishment that sells or dispenses alcohol for on-premises consumption, or was within 1,000 feet of a preexisting park, shall be permitted status as a non-conforming use and be allowed to continue to operate in the same manner that they operated on January 20, 2004, subject to subsection (e) hereof.

(c)

The operation of an adult entertainment establishment that was within a zoning district wherein adult entertainment establishments were permitted or on an unzoned parcel of property which, in July 26, 1988, was located within 500 feet of, but not closer than 200 feet from, an area zoned for residential use, shall be permitted status as a nonconforming use subject to subsection (e) hereof, but only if the licensee constructs and maintains a retaining wall of brick or block that is eight feet in height along all its property lines that abut the area zoned for residential use. The construction shall occur not later than annual renewal of the adult entertainment license.

(d)

Reserved.

(e)

When a nonconforming use of an adult entertainment establishment has been discontinued for 180 consecutive days or more, the nonconforming use shall be deemed abandoned and the future use of the premises or site shall revert to the uses permitted in the district in which the establishment is located.

(Ord. No. 88-26, § 1A-43, 7-26-88; Ord. No. 04-02, §§ 5, 6, 1-20-04)