(A) In the event an owner of a sexually-oriented business wishes to claim an exemption from this ordinance, the owner shall make application for a locational exemption from the requirements of § 111.02 of this chapter with the City Secretary at least 30 days prior to the expiration of all amortization periods.
(B) The City Council may, in its discretion, grant an exemption from the locational restrictions if it makes the following findings:
(1) The location of the sexually-oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety of welfare or the citizens of the city;
(2) The granting of the exemption will not violate the spirit and intent of this chapter;
(3) The location of the sexually-oriented business will not downgrade the property values or qualify of life in the adjacent areas or encourage the development of urban blight;
(4) The location of the sexually-oriented business will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and
(5) All other applicable provisions of this chapter will be observed.
(C) 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 shall be decided on the basis of a preponderance of the evidence. The decision of the City County is final.
(D) If the City Council grants an 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 will be in violation of the locational restrictions of § 111.02 of this chapter and the non-conforming use shall be illegal and shall terminate, unless the applicant applies for and receives another exemption. Such application shall be made with the City Secretary at least 60 days prior to the expiration of the exemption.
(E) The grant of an exemption does not exempt the applicant from any other provisions of this chapter other than the locational restrictions of § 111.02 of this chapter.
(Ord. 12809, passed 12-8-2009)