72-40 - AMORTIZATION OF CERTAIN ADULT ESTABLISHMENTS AND SIGNS FOR ADULT
ESTABLISHMENTS

LAST AMENDED
10/31/2001

The Board of Standards and Appeals may permit any #non-conforming# #adult establishment# or any #non-conforming#
#sign#, other than #advertising signs#, for an #adult establishment# to continue for a limited period of time beyond that
provided for in Sections 52-734 (Non-conforming signs for adult establishments) or 52-77 (Termination of Adult
Establishments), provided that:

(a)    an application is made by the owner of such establishment to the Board of Standards and Appeals at least 120 days prior
        to the date on which such establishment or #sign# must terminate;

(b)    the Board shall find, in connection with such establishment or #sign#, that:

        (1)    the applicant had made, prior to the #non-conformity#, substantial financial expenditures related to the #non-
                conformity#; and

        (2)    the applicant has not recovered substantially all of the financial expenditures related to the #non-conformity#;
                and

        (3)    the period for which such establishment or #sign# may be permitted to continue is the minimum period
                sufficient for the applicant to recover substantially all of the financial expenditures incurred related to the #non-
                conformity#.

For the purpose of this Section, "financial expenditures" shall mean the capital outlay made by the applicant to establish the
#adult establishment# or #sign#, exclusive of the fair market value of the #building# in which such #use# or #sign# is located and
exclusive of any improvements unrelated to the #non-conforming# #adult establishment# or #non-conforming# #accessory#
business #sign# for #adult establishments#.

This Section shall not apply to #commercial# establishments described in Section 72-41 (Continuation of Certain Adult
Establishments).