§ 656.725. Amortization of adult entertainment facilities.

(a)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment or services facility (as defined in Part 11), as of July 1, 1996, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD.

(b)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment or services facility (as defined in Part 11), as of July 1, 1997, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (b) shall be enforced only if subsection (a) of this Section has been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(c)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment or services facility (as defined in Part 11), as of July 1, 1998, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (c) shall be enforced only if subsections (a) and (b) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(d)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment or services facility (as defined in Part 11), as of July 1, 1999, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (d) shall be enforced only if subsections (a), (b), and (c) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(e)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment services facility (as defined in Part 11), as of July 1, 2000, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (e) shall be enforced only if subsections (a), (b), (c), and (d) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(f)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment services facility (as defined in Part 11), as of July 1, 2001, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (f) shall be enforced only if subsections (a), (b), (c), (d), and (e) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(g)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment services facility (as defined in Part 11), as of July 1, 2002, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (g) shall be enforced only if subsections (a), (b), (c), (d), (e) and (f) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(h)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment services facility (as defined in Part 11), as of July 1, 2003, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (h) shall be enforced only if subsections (a), (b), (c), (d), (e), (f) and (g) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(i)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment services facility (as defined in Part 11), as of July 1, 2004, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (i) shall be enforced only if subsections (a), (b), (c), (d), (e), (f), (g) and (h) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(j)

Notwithstanding any ordinance to the contrary, and notwithstanding any prior legal status of any adult entertainment services facility (as defined in Part 11), as of July 1, 2005, no adult entertainment or service facility shall be operated unless it is located on a site or parcel which is zoned CCG-2 or which is zoned CCBD. This subsection (j) shall be enforced only if subsections (a), (b), (c), (d), (e), (f), (g), (h) and (i) of this Section have been declared, by a court of competent jurisdiction, to be invalid or otherwise unenforceable.

(k)

An adult entertainment facility which was lawfully in existence prior to November 10, 2005, or a business which became defined as an adult entertainment facility by virtue of this ordinance, and which under the terms of the Zoning Code would be a nonconforming use shall be allowed to continue until November 10, 2010. In the event that a court of competent jurisdiction should determine the amortization period set forth in this section should be declared invalid for any reason and the City Council should revise the amortization period in subsequent legislation that the amortization period in this section and any subsequent legislation be considered as a single amortization period.

(Ord. 95-413-300, § 1; Ord. 2003-755-E, § 13; Ord. 2005-743-E, § 4; Ord. 2009-835-E, § 1)

Editor's note

Section 27 of Ord. 95-307-109, repealed former § 656.725, relative to amortization of adult entertainment establishments and § 1 of Ord. 95-413-300 enacted a new § 656.725 to read as herein set out. The provisions of former § 656.725 derived from Ord. 94-190-651, § 5.

Cross reference

Adult entertainment and services code, Ch. 150.