(a)
A
person commits an offense if he establishes, operates or causes to
be operated a sexually oriented business within 1,000 feet of:
(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 containing another sexually
oriented business.
(d)
For the purposes of subsection (a) of this section, measurement 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 or school, or to the nearest boundary of an affected public park, or to the nearest point on the nearest physical living structure/residence(s) on a residential lot or property devoted to residential use.
(e)
For the 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 business is located.
(f)
(1)
Any sexually oriented business lawfully operating on the effective date 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 shall be allowed to continue for a period not to exceed one (1) year, unless sooner terminated for any reason, or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged or extended, 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, if otherwise in full compliance with this article, the conforming use, and the later established business(es) are nonconforming.
(2)
Any nonconforming sexually oriented business which is required to
be discontinued pursuant to the amortization provision set forth above
may file a request with the city council to review the one (1) year
limit. The city council, after hearing thereon, which is to be held
within 45 days of receipt of the request, may approve an amortization
plan for a period in excess of one (1) year. In no case shall the
amortization period exceed three (3) years, inclusive of the one (1)
year period provided herein and all extensions granted by the city
council.
(g)
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, school, public park, or lot containing a residence or property
devoted to or zoned for residential use 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.
(Ordinance adopted 5/18/1994,
sec. 4)
(a)
If the director of public safety denies the issuance of a license to an applicant because the location of the sexually oriented business is in violation of section 4.05.071 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 4.05.071.
(b)
If
the written request is filed by the applicant within the 10-day period,
the city council shall consider the request. The city secretary shall
set a date for the hearing within 45 days of the date the written
request is received.
(1)
The city council shall hear and consider evidence offered by any
interested person. The formal rules of evidence do not apply.
(2)
The city council may, in its discretion, grant an exemption from the locational restrictions of section 4.05.071 if it makes all of the following findings:
(A)
That the location of the sexually oriented business will not have
a detrimental effect on nearby properties or be contrary to the public
safety or welfare;
(B)
That the granting of the exemption will not violate the spirit and
intent of this article;
(C)
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;
(D)
That the location of a sexually oriented business in the area will
not cause an increase in criminal activity in the area of its location;
and
(E)
That all other applicable provisions of this article will be observed.
(3)
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. The decision of the city council is final.
(4)
If the city council grants the exemption, the exemption is valid for one year from the date of the city council’s action. Upon expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 4.05.071 until the applicant applies for and receives another exemption.
(5)
If the city council denies the exemption, the applicant may not reapply
for an exemption until at least twelve months have elapsed since the
date of the city council’s action.
(Ordinance adopted 5/18/1994,
sec. 5)
