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A. Nonconforming sexually oriented businesses (SOBs) shall be discontinued upon the occurrence of any one or more of the following:

1. Upon abandonment of a nonconforming SOB land use for six (6) months or longer. For the purposes of this section, abandonment shall mean voluntary discontinuance or closure of the SOB land use or failure to apply for required permits to rebuild, remodel and/or reopen the business after it has been damaged or destroyed due to an involuntary event of fire, natural disaster or other casualty. For the purposes of this section, business license suspension or revocation shall not constitute a voluntary discontinuance or closure of a SOB.

2. Upon a change in use of the business to a use not defined as an SOB.

B. Nonconforming SOB land uses may apply for permits to make renovations or repairs as necessary or required for safety and health purposes. Applications for permits to perform renovations or repairs shall be processed, approved, modified, conditioned or denied in compliance with LMC 18A.20.240 and 18A.60.110.

C. To determine issues regarding whether a SOB has nonconforming status or has maintained nonconforming status pursuant to this section, the Director or designee shall rely upon the process and types of evidence listed in LMC 18A.20.238. [Ord. 726 § 2 (Exh. B), 2019.]