A. If the city denies the issuance of a license to an applicant because the location of the sexually oriented business use is in violation of section 10-13-3 of this chapter, then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the city clerk a written request for an exemption from the locational restrictions of section 10-13-3 of this chapter.
B. If the written request is filed with the city clerk within the ten (10) day limit, the board of councilmen shall hear and consider the request. The board of councilmen shall set a date for the hearing within sixty (60) days from the date the written request is received.
C. The board of councilmen shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
D. The board of councilmen may, in its discretion, grant an exemption from the locational restrictions of section 10-13-3 of this chapter if it makes the following findings:
1. The location of the proposed sexually oriented business use will not have a detrimental effect on nearby properties or by contrary to the public safety or welfare; and
2. The location of the proposed sexually oriented business use will not downgrade the property values or quality of life in the adjacent areas or encourage the development of blight; and
3. The location of a sexually oriented business use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of neighborhood renewal or restoration; and
E. If the board of councilmen grants the exemption, the exemption is valid for two (2) years from the date of the board of councilmen's action. Upon the expiration of an exemption, the sexually oriented business use is in violation of the locational restrictions of section 10-13-3 of this chapter until the applicant applies for and receives another exemption.
F. If the board denies the exemption, the applicant may not reapply for an exemption until at least twelve (12) months have elapsed since the date of the board of councilmen's action. (Ord. 182, 11-12-1997)