The development and execution of this article is based upon the division of the city into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.

(Ord. No. 2011-12, 12-13-2011)

(a)

The common council, following a recommendation of the plan commission, may authorize the zoning administrator to issue a conditional use permit for either regular or limited conditional use after review and public hearing; provided that such conditional use and involved structure are found to be in accordance with the purpose and intent of this chapter and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. In the instance of the granting of a limited conditional use, the common council in its findings shall further specify the delimiting reason or factors which resulted in issuing limited rather than regular conditional use. Such common council resolution, and the resulting conditional use permit, when, for limited conditional use, shall specify the period of time for which effective, if specified, the name of the permittee, the location and legal description of the affected premises. Prior to the granting of a conditional use, the common council shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.

(b)

Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within one-half mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The common council shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.

(c)

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the common council upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(d)

Compliance with other applicable district provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses.

(Ord. No. 2011-12, 12-13-2011)

Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses in the zoning district in which such land is located.

(Ord. No. 2011-12, 12-13-2011)

(a)

Required application materials. An application for a conditional use shall be filed in duplicate on a form prescribed by the city. Such applications shall be forwarded to the plan commission on receipt by the city. Such applications shall include where applicable:

(1)

A statement, in writing, by applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in section 113-103 hereinafter.

(2)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all property owners of record within 100 feet.

(3)

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees and the zoning district within which the subject site lies.

(4)

Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.

(5)

Additional information as may be required by the plan commission, common council or officers of the city. The common council or, plan commission may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

(b)

Plans. In order to secure information upon which to base its determination, the common council or plan commission may require the applicant to furnish, in addition to the information required for a building permit, the following information:

(1)

A plan of the area showing contours, soil types, high water mark, groundwater conditions, bedrock, slope and vegetation cover;

(2)

Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping, lighting;

(3)

Plans for buildings, sewage disposal facilities, water supply systems and arrangements of operations;

(4)

Specifications for areas of proposed filling, grading, lagooning or dredging;

(5)

Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter.

(Ord. No. 2011-12, 12-13-2011)

Upon receipt of the application and statement referred to in section 113-100, the plan commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the common council shall, by rule, prescribe from time to time.

(Ord. No. 2011-12, 12-13-2011)

Notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 notice under the state statutes in the official city newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the zoning administrator, members of the plan commission and common council, and the owners of record as listed in the office of the city assessor who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected, said notice to be sent at least 14 days prior to the date of such public hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application. The plan commission shall make a recommendation to the common council.

(Ord. No. 2011-12, 12-13-2011)

No application for a conditional use shall be recommended by the common council or granted by the common council on appeal, unless the following conditions are present that:

(1)

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

The uses, values and enjoyment of other property in the neighborhood, for purposes already permitted, shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.

(3)

The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(4)

Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

(5)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(6)

The conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.

(7)

The proposed use does not violate the floodplain regulations governing the site.

(8)

When applying the standards of this section, to any new construction of a building or an addition to an existing building, the common council and plan commission shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.

(9)

In addition to passing upon a conditional use permit, the common council and plan commission shall also evaluate the effect of the proposed use upon:

a.

The maintenance of safe and healthful conditions.

b.

The prevention and control of water pollution including sedimentation.

c.

Existing topographic and drainage features and vegetative cover on the site.

d.

The location of the site with respect to floodplains and floodways of rivers and streams.

e.

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

f.

The location of the site with respect to existing or future access roads.

g.

he need of the proposed use for a shoreland location.

h.

Its compatibility with uses on adjacent land.

i.

The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

(Ord. No. 2011-12, 12-13-2011)

When a decision of denial of a conditional use application is made, the common council shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the common council has used in determining that each standard was not met.

(Ord. No. 2011-12, 12-13-2011)

Any action of the common council in granting or denying a conditional use permit may be appealed to the zoning board of appeals, if a written request for an appeal is filed within ten days after the date of the common council's action in granting or denying the permit. Such request for appeal shall be signed by the applicant or by the owners of at least 20 percent of the land area immediately adjacent extending 100 feet therefrom or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land. The request shall be filed with the zoning administrator who shall submit it to the zoning board of appeals at its next meeting, together with any documents and other data used by the common council in reaching its decision. The zoning board of appeals may consider the matter forthwith, refer the matter to a subsequent meeting or set a date for a public hearing thereon. In the event the zoning board of appeals elects to hold a public hearing, notice thereof shall be given by mail to the known owners of the lands immediately adjacent thereto and directly opposite any street frontage of the lot or parcel in question and by publication of a Class 1 notice in the official newspaper at least ten days before the date of the hearing. The zoning board of appeals may either affirm or reverse by a two-thirds vote, in whole or in part, the action of the common council and may finally grant or deny the application for a conditional use permit.

(Ord. No. 2011-12, 12-13-2011)

The following provisions shall apply to all conditional uses:

(1)

Conditions. Prior to the granting of any conditional use, the common council, or the zoning board of appeals on appeal, may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in section 113-103. In all cases in which conditional uses are granted, the common council, plan commission and zoning board of appeals shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:

a.

Landscaping;

b.

Type of construction;

c.

Construction commencement and completion dates;

d.

Sureties;

e.

Lighting;

f.

Fencing;

g.

Operational control;

h.

Hours of operation;

i.

Traffic circulation;

j.

Deed restrictions;

k.

Access restrictions;

l.

Setbacks and yards;

m.

Type of shore cover;

n.

Specified sewage disposal and water supply systems;

o.

Planting screens;

p.

Piers and docks;

q.

Increased parking; or

r.

Any other requirements necessary to fulfill the purpose and intent of this chapter.

(2)

Site review. In reviewing each application, the common council and plan commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The common council and plan commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.

(3)

Alteration of conditional use. No alteration of a conditional use shall be permitted, unless approved by the common council.

(4)

Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the common council may require the use of certain general types of exterior construction materials and/or architectural treatment.

(5)

Sloped sites; unsuitable soils. Where slopes exceed six percent and/or where a use is proposed to be located on areas indicated as having soils which are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.

(Ord. No. 2011-12, 12-13-2011)

Where the common council has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the common council action, unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed, unless construction has commenced and is being diligently prosecuted. Approximately 45 days prior to the automatic revocation of such permit, the zoning administrator shall notify the holder by certified mail of such revocation. The common council may extend such permit for a period of 90 days for justifiable cause, if application is made to the city at least 30 days before the expiration of said permit.

(Ord. No. 2011-12, 12-13-2011)

The common council shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the zoning administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code. Upon written complaint by any citizen or official, the common council shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in section 113-103, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in section 113-102. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The common council may, in order to bring the subject conditional use into compliance with the standards set forth in section 113-103 or conditions previously imposed by the common council, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in section 113-106. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and the general penalty section 1-7. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in subsections 113-103(a) and (b) will be met, the common council may revoke the subject conditional approval and direct the zoning administrator and the city attorney to seek elimination of the subject use. Following any such hearing, the decision of the common council shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the common council under this section may be taken to the zoning board of appeals.

(Ord. No. 2011-12, 12-13-2011)

(a)

Conditional use. Bed and breakfast establishments shall be considered conditional uses and may be permitted in residence districts pursuant to the requirements of this article.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Agent means the person designated by the owner as the person in charge of such establishment and whose identity shall be filed in writing with the zoning administrator upon issuance of the permit and updated five days prior to a designated agent taking charge.

Bed and breakfast establishment means any place of lodging that provides six or fewer rooms for rent for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner or agent at the time of rental and in which the only meal served to guests is breakfast.

(c)

Regulations.

(1)

Compliance with state standards. All bed and breakfast establishments and licensees shall be subject to and comply with Wis. Admin. Code ch. HFS 197 relating to bed and breakfast establishments, or Wis. Admin. Code ch. HFS 195 relating to hotels, motels and tourist roominghouses.

(2)

Registry. Each bed and breakfast establishment shall provide a register and require all guests to register their true names and addresses before assigned quarters. The register shall be kept intact and available for inspection by a city representative for a period of not less than one year.

(d)

Permit required.

(1)

City permit required. In addition to the permit required by Wis. Admin. Code chs. HFS 195 or 197, before opening for business every bed and breakfast establishment shall obtain a permit from the zoning administrator by application made upon a form furnished by said officer and shall obtain a conditional use permit.

(2)

Application requirements. The following is required to be furnished at the time an application is filed for a conditional use permit in addition to the other application requirements of this article:

a.

Site plan showing location and size of buildings, parking areas and signs.

b.

Number, surfacing and size of parking stalls.

c.

Number, size and lighting of signs.

(3)

Display of permit. The permit issued by the zoning administrator shall be conspicuously displayed in the bed and breakfast establishment.

(e)

Off-street parking required. Permits shall be issued only to those establishments that provide a minimum of one improved off-street parking space for each room offered for occupancy. Establishments otherwise qualifying under this section regulating bed and breakfast establishments shall not be subject to the other requirements of the zoning code with respect to traffic, parking and access.

(f)

On-site signs. Total signage shall be limited to a total of 12 square feet and may be lighted in such manner and nature as to not alter or deteriorate the nature of the surrounding neighborhood. Establishments otherwise qualifying under this section regulating bed and breakfast establishments shall not be subject to the requirements of this zoning code with respect to signs.

(g)

Termination of permit. A bed and breakfast use permit shall be void upon the sale or transfer of the property ownership. The common council shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with subsection (c) of this section shall be valid until terminated by action of the zoning administrator for violation of the provisions of this section, or of state regulations as set forth in Wis. Admin. Code chs. HFS 195 or 197, or as above provided.

(Ord. No. 2011-12, 12-13-2011)

(a)

Conditional use. Home occupation shall be permitted in residential districts pursuant to the requirements of this article.

(b)

Intent. The intent of this section is to provide a means to accommodate a small family business without the necessity of a rezoning into a commercial district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned will be necessary. The intended purpose of this subsection is to maintain the residential character of areas zoned residential and to prevent such home occupations from generating nuisances beyond what are customarily and ordinarily found in a residential area. Nothing in the nature of conduct of a home occupation should detract from the residential character of the neighborhood. A home occupation which addresses all of the following restrictions may be allowed:

(c)

Restrictions on permitted home occupations. Home occupations meeting the requirements of this section are a permitted use in all residential districts provided that the use is registered with the city and are subject to the requirements of the district in which the use is located, in addition to the following requirements:

(1)

The home occupation shall be conducted only within the enclosed area of the dwelling unit or in any accessory building on the lot permitted under this chapter.

(2)

There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation.

(3)

No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.

(4)

No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

(5)

Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated, have a maximum area of two square feet and must be attached to the structure.

(6)

The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

(7)

A permitted home occupation is restricted to a service-oriented business prohibiting the manufacturing of items or products or the sale of items or products on the premises. No retail sales of merchandise be conducted on the premises, except for occasional retail sale of items either produced or repaired on the premises by such occupation.

(8)

Not more than a total of 25 percent of the total floor area of each dwelling unit and/or accessory building, not to exceed 500 square feet, shall be devoted to such home occupation.

(9)

The occupation is clearly incidental and secondary to the use of the residential unit for dwelling purposes.

(10)

Only members of the immediate family, father, mother, son or daughter residing in the dwelling unit and no more than one non-family member shall be engaged in the home occupation.

(11)

No mechanical equipment intended for industrial or commercial application be used.

(12)

Under no circumstances shall a vehicle repair or body work business qualify as a home occupation.

(13)

Any home occupation shall conform to all federal, state and local laws.

(d)

Conditional use home occupations.

(1)

The common council may approve home occupations in residential districts which do not meet the standards in subsection (c) of this section, as conditional uses. The standards in sections 113-103 and 113-106 shall be applicable.

(2)

The types and number of equipment or machinery may be restricted by the common council.

(3)

Sale or transfer of the property or expansion of the home occupation shall cause the conditional use permit to be null and void.

(e)

Grievance.

(1)

Any existing or new business aggrieved by such ordinance may appeal for a conditional use or variance to said rules through the zoning board of appeals.

(2)

Any existing or new home occupation may appeal to the zoning board of appeal's for an interpretation of these regulations under this subsection.

(3)

Any special exception or variance so granted shall not be transferable and shall not be construed to run with the land.

(f)

Penalties. Any violation of this particular subsection may subject a person to a continuing violation of $50.00 per day, and such person may also be subject to an action for abatement.

(Ord. No. 2011-12, 12-13-2011)

The following specific uses are conditional uses under this chapter:

(1)

Cemeteries, hospitals and institutions.

a.

Cemeteries;

b.

Hospitals and clinics;

c.

Institutions of an educational, philanthropic or charitable nature, including libraries, museums, asylums and sanitoriums.

(2)

Private clubs. Private clubs and lodges, except those of which the chief activity is a service customarily carried on as a business.

(3)

Public utility buildings. Public utility buildings, structures and lines, including microwave radio relay structures and their appurtenances, for such purposes as are reasonably necessary for the public convenience and welfare.

(4)

Railroad siding and structures.Railroad siding and structures including right-of-way, passenger depots, and siding, other than switching, storage and freight yards.

(5)

Storage and parking. Storage garage or parking area in connection with a planned unit development project as defined in this article.

(6)

Roadside stands. Roadside stands, provided that no such roadside stand shall be more than 300 square feet in ground area and there shall be not more than one roadside stand on any one premises.

(7)

Churches and schools. Churches, schools and related facilities.

(8)

Parks and recreation oriented buildings. Parks, recreational and community center buildings, grounds and parks, including outdoor theaters.

(9)

Transmission poles and lines. Telephone, telegraph and power transmission poles and lines and necessary appurtenances. The setback requirements of this chapter shall not be applied to the necessary and customary construction, reconstruction, maintenance and repair of public utility poles and lines.

(10)

Bulk storage facilities. Bulk storage facilities for storage of gas, oil, or other flammable fluids; vaporous gases or chemicals; highly toxic, acidic, or otherwise hazardous materials; and explosive material, shall be by conditional use. The evaluation criteria for bulk storage facilities shall include:

a.

Distance to major population densities.

b.

Distance to potential conflagrations.

c.

Distance to environmental concerns including, but not limited to, municipal wells, rivers or wetlands.

d.

Any other conditional use regulations in general.

(Ord. No. 2011-12, 12-13-2011)

(a)

Conditional use. Sexually oriented businesses shall be considered conditional uses and may be permitted only in the industrial district pursuant to the requirements of this article.

(b)

License. No sexually oriented business may be granted a conditional use permit under this section, unless it has applied for and received a license pursuant to chapter 8, article VIII of this Code. Application for the sexually oriented business license and a conditional use permit may happen concurrently and a conditional use permit may be granted under this section subject to the applicant receiving a license pursuant to chapter 8, article VIII of this Code. An applicant for a conditional use under this section shall also include a copy of the application for the license under chapter 8, article VIII of this Code, with the application under this article.

(c)

Location. No sexually oriented business may be located or operated within 1,000 feet of:

(1)

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

(2)

A public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. The term "school" means and includes the school grounds, but does not mean and include facilities used primarily for another purpose and only incidentally as a school;

(3)

A boundary of a residential district as defined in the city zoning code;

(4)

A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city park and recreation authorities;

(5)

An entertainment business which is oriented primarily towards children or family entertainment; or

(6)

A licensed premises, licensed pursuant to the alcohol beverage control regulations of the state.

(d)

Location near other sexually oriented businesses. The operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business may not occur within 1,000 feet of another sexually oriented business.

(e)

Multiple uses or enlargement of uses. The operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of the floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business, is prohibited.

(f)

Measurement from certain uses. For the purpose of subsection (c) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection (c) of this section. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section. Notwithstanding the forgoing, in the event that the straight line measurement from the proposed sexually oriented business to the nearest property line of the premises of a use listed in subsection (c) of this section, traverses the Wisconsin River, the measurement may be taken along the shortest distance physically traversable by foot or vehicle. Such distance shall be measured across property lines, regardless of ownership of the property.

(g)

Measurement between sexually oriented businesses. For purposes of subsection (d) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

(h)

Nonconforming use. Any sexually oriented business lawfully operating on December 1, 1997, that is in violation of subsections (a) through (g) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue until terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except, that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business is nonconforming.

(i)

Lawful operation. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the conditional use permit under this section, of a use listed in subsection (c) of this section within 1,000 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 been revoked.

(Ord. No. 2011-12, 12-13-2011)