(a) 
A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of:
(1) 
A church or place of religious worship;
(2) 
A public or private elementary or secondary school;
(3) 
A child care facility;
(4) 
A boundary of a residential district as defined in this article;
(5) 
A public park;
(6) 
The property line of a lot devoted to a residential use as defined in this article; or
(7) 
Another sexually oriented business which does not have a common entrance with one.
(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 purpose 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 business is located.
(e) 
Any sexually oriented business lawfully operating that is in violation of subsection (a), (b) or (c) of this section shall be deemed a nonconforming use. Such use will be permitted to continue for a period of not to exceed one year, unless sooner terminated for any such reason or voluntarily [discontinued.] Nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a nonconforming [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 nonconforming.
(f) 
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 sexually oriented business license, of a church or place or religious worship, public park, residential district, or residential lot 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.
(g) 
All locational requirements of this section must be approved by the chief of police within 30 days from the time the application is filed.
(Ordinance 191-93, sec. 18, adopted 10/18/93)
(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 4.07.091 of this article, then the applicant may, no later than ten calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the location restrictions of section 4.07.091.
(b) 
If the written request is filed with the city secretary within the ten-day limit, the city council shall consider the request. The city secretary shall set a date for the hearing within 30 days from the date the written request is received.
(c) 
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 locational restrictions of section 4.07.091 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 section;
(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; and
(4) 
That the location of an additional 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.
(e) 
The council may 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 shall be decided on the basis of a preponderance of the evidence. The decision of this board is final.
(f) 
If the city council grants the exemption, the exemption is valid for one year from the date of the council’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 4.07.091 until the applicant applies for and receives another exemption.
(g) 
If the council denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the council’s action.
(h) 
The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions.
(Ordinance 191-93, sec. 19, adopted 10/18/93)