§ 24-32. Nonconforming uses.

(a)

An adult book store, adult video store or adult novelty store in actual operation at the time this chapter became effective and located in violation of this chapter, may continue to operate, provided it is otherwise in compliance with this chapter, for a period of five years from the date this chapter became effective, despite the location, and shall cease operation immediately upon the expiration of such period, unless it is granted an adult entertainment establishment permit in accordance with the provisions of this chapter.

(b)

Any adult performance establishment, adult theater escort business, escort service or escort agency, adult arcade, adult cabaret, adult motel, adult performance establishment, or adult encounter center, in actual operation at the time this chapter became effective and located in violation of this chapter, may continue to operate, provided it is otherwise in compliance with this chapter, for a period of one year from the date this chapter became effective, despite the location, and shall cease operation immediately upon the expiration of such period, unless it is granted an adult entertainment establishment permit in accordance with the provisions of this chapter. In the event this subsection 24-32(b) is declared void, invalid or unconstitutional by a court of competent jurisdiction, the provisions of subsection 24-32(a) shall apply to such adult entertainment establishments.

(c)

Any holder of an adult entertainment certificate of compliance issued under section 22-205 of the Okeechobee County Code not in operation on the effective date of this chapter shall only commence operation upon the granting of an adult entertainment establishment permit in accordance with the provisions of this chapter. In the event this subsection 24-32(c) is declared void, invalid or unconstitutional by a court of competent jurisdiction, the provisions of subsection 24-32(b) shall apply to such certificate holders.

(d)

When a nonconforming use of an adult entertainment establishment has been discontinued for 60 consecutive days or more, the nonconforming use shall be deemed abandoned and the future use of the premises or site shall revert to only those uses permitted on the site prior to its nonconforming use.

(Ord. No. 2000-03, § 1, 5-25-00)