(A) The Zoning Board of Adjustment shall serve as a location appeal board, and shall have the power to rule on the appropriate disposition of applications for exemptions from the location restrictions for adult entertainment establishments set forth § 112.04 of this chapter. The Location Appeal Board shall follow the rules and procedures set forth in this section.
(B) If the Director of Public Safety denies the issuance of a license to an applicant because the location of the adult entertainment establishment is in violation of § 112.04, then the applicant may, not 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.
(C) If the written request is filed with the city secretary within the ten-day limit, a location appeal board 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.
(D) A hearing by the Board may proceed only if five of the board members or alternates are present. The Board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(E) The Location Appeal Board may grant an exemption from the location restrictions of § 112.04 if it makes the following findings:
(1) That the location of the adult entertainment establishment will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) That the location of the adult entertainment establishment will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(3) That the location of the adult entertainment establishment 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
(4) That all other applicable provisions of this chapter will be observed.
(F) In making the findings specified above, the Board shall take into account, among other things:
(1) Crime statistics of the location and its 1,000-foot radius, without regard to city boundaries, maintained by the appropriate law enforcement agency for the previous six-month period;
(2) Tarrant Appraisal District appraisals for the location and its 1,000-foot radius, without regard to city boundaries, 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, without regard to city boundaries; and
(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, without regard to city boundaries.
(G) The Board shall grant or deny the exemption by a majority vote. Failure to reach a majority vote approving the exemption 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 Location Appeal Board is final.
(H) If the Board grants the exemption, the exemption is valid for one year from the date of the Board's action. Upon the expiration of an exemption, the adult entertainment business is in violation of the locational restrictions of § 112.04 until the applicant applies for and receives another exemption.
(I) If the Board denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the Board's action.
(J) The grant of an exemption does not exempt the applicant from any provisions of this chapter other than the locational restrictions.
(Ord. 1597, passed 10-23-06)