§ 46-14. Exemption from location restrictions.

(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 46-13 of this chapter, then the applicant may, not later than ten (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 46-13.

(b)

If the written request is filed with the city secretary within the ten-day limit, the board of amortization and appeal shall consider the request. The city secretary shall set a date for the hearing within sixty (60) days from the date the written request is received.

(c)

There shall be created a board of amortization and appeal. It shall have the powers described in section 46-13(f)(1) and the power to rule upon the appropriate disposition of applications for exemption from the location restrictions for sexually oriented businesses.

(1)

The board of amortization and appeal shall consist of nine (9) members.

(2)

The board of amortization and appeal shall be composed of four (4) members of the Irving Planning and Zoning Commission, two (2) members of the Irving Zoning Board of Adjustment and Appeal, one (1) member of the Irving Arts Board, one (1) member of the Irving Public Library Board, and one (1) member of the board of directors of the Irving Convention and Visitors Bureau.

(3)

Each board of amortization and appeal member shall be appointed by a majority vote of the board or commission on which they serve.

(4)

All members shall be residents of the City of Irving.

(d)

A hearing by the board may proceed if at least five of the board members are present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.

(e)

The board of amortization and appeal may, in its discretion, grant an exemption from the locational restrictions of section 46-13 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 chapter of the City Code;

(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;

(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; and

(5)

That all other applicable provisions of this chapter will be observed.

(f)

In making the findings specified in section 46-13(e) [46-14(e)], the board shall take into account, among other things:

(1)

Crime statistics of the location and its one-thousand-foot radius maintained by the appropriate law enforcement agency for the previous six-month period;

(2)

Dallas County Appraisal District appraisals for the location and its one-thousand-foot radius taking into account any decline or increase in property values;

(3)

Vacancy rates of residential, commercial, or office space within the surrounding one-thousand-foot radius; 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 one-thousand-foot radius.

(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 board of amortization and appeal is final.

(h)

If the board grants the exemption, the exemption is valid for one (1) year from the date of the board's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 46-13 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 twelve (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 other provisions of this chapter other than the locational restrictions of section 46-13.

(Ord. No. 6441, § 6, 6-23-94)