(a) 
A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of the nearest property line of:
(1) 
A church;
(2) 
A public or private elementary or secondary school;
(3) 
A boundary of a residential or historic district as defined in this article;
(4) 
A public park;
(5) 
The property line of a lot devoted to a residential use, whether such use is within the city limits or not;
(6) 
A hospital;
(7) 
A child care facility; or
(8) 
A public library.
(b) 
A person commits an offense if he causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.
(c) 
A person commits an offense if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure or portion thereof, containing another sexually oriented business.
(d) 
For the purposes of subsection (a), measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private elementary or secondary school or hospital or the nearest boundary of any affected public park, residential district, historic district, residential lot, child care facility or public library.
(e) 
For purposes of subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each sexually oriented business is located.
(f) 
Any sexually oriented business lawfully operating upon adoption of this article that is in violation of subsection (a), (b) or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed eighteen months, unless sooner 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(es) is the nonconforming use.
(g) 
A sexually oriented business fully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, residential district, historic district, residential lot, hospital, public library or child care facility 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 has been revoked.
(2003 Code, sec. 4.113)
(a) 
If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 4.03.071 of this article, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of section 4.03.071.
(b) 
If the written request is filed with the city secretary within the 10-day limit, the city council shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.
(c) 
A hearing by the city council may proceed if at least four of the city council members are present. The city council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(d) 
The city council may, in its discretion, grant an exemption from the location restrictions of section 4.03.071 if it makes the following findings:
(1) 
That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) 
That the granting of the exemption will not violate the spirit and intent of this article of the city code;
(3) 
That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(4) 
That the location of a sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and
(5) 
That all other applicable provisions of this article will be observed.
(e) 
In making the findings specified in subsection (d) above the city council shall take into account, among other things:
(1) 
Crime statistics of the location and its 1,000-foot radius maintained by the appropriate law enforcement agency for the previous six-month period;
(2) 
County appraisal district appraisals for the location and its 1,000-foot radius, taking into account any decline or increase in property values;
(3) 
Vacancy rates of residential, commercial or office space within the surrounding 1,000-foot radius;
(4) 
Any evidence regarding the award or denial of any public or private grants for neighborhood conservation, urban renewal or restoration for any property located within a 1,000-foot radius; and
(5) 
Any evidence or information the city council deems appropriate and necessary upon which to base their decision.
(f) 
The city council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact must be decided on the basis of a preponderance of the evidence. The decision of the city council is final.
(g) 
If the city council grants the exemption, the exemption is valid for one year from the date of the city council’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 4.03.071 until the applicant applies for and receives another exemption.
(h) 
If the city council denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the city council’s action.
(i) 
The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of section 4.03.071.
(2003 Code, sec. 4.114)