Kingdom City Application to Existing Businesses ordinance (§ 605.360)

A. The provisions of this Article shall apply to all adult businesses existing on the effective date of this Article, as well as to all adult businesses established after the effective date of this Article.

B. Any adult business lawfully operating on the effective date of this Article that is ineligible for licensing solely as a result of the locational restrictions set forth in Section 605.200 herein shall be deemed a lawful nonconforming business.

C. Each of the following adult businesses, as defined in this Article, shall be considered a unique and separate adult business: adult media outlet; adult newsrack; adult retail establishment; adult motion-picture theater; adult theater; adult entertainment cabaret; adult entertainment studio; adult encounter parlor; body painting studio; bath house; adult motel. The classification of each adult business shall be determined at the time a license is issued for the business. Where an adult business is considered a lawful non-conforming business under this Section, the right to continue such non-conforming business hall be limited to that specific business, as defined herein, and shall not include other adult businesses listed herein.

D. The extension of a lawful non-conforming business to any portion of a building, which portion was constructed expressly for such non-conforming business prior to the effective date of this Article, shall be permitted, provided that no structural alterations shall be made thereafter.

E. An adult business lawfully operating as a conforming business is not rendered non-conforming by the location, subsequent to grant or renewal of the adult business license, of a school, church, licensed child-care center or child-care center that has been inspected by the Village or Fire District, public park or properties owned or used for residential purposes located within the Village limits and within the respective locational requirement of the adult 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of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked.