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(5) Zn permitting such conditional use, the Board may impose any <br /> additional conditions or limitations upon the establishment, location, <br /> construction, maintenance, or operation of the regulated use as may, in <br /> its judgment, be necessary to protect the public interest. Any evidence <br /> and guarantee may be required as proof that the conditions stipulated <br /> in connection therewith will be fulfilled. <br />(6) The Board may vary the standards specified for land area and minimum <br /> dimensions for an exception when it finds: that it is unreasonable for <br /> the applicant to acquire more land, that the land is suitable for the <br /> proposed use, that the proposed use will not be detrimental to the <br /> neighborhood and that such use. is appropriate for the proposed site. <br />(7) Notice of the grant of a Conditional Use Permit under this section shall <br /> be mailed to all parties identified in paragraph (1)(E) of this subsection <br /> (c); the cost of mailing such notice shall be taxed to the applicant. <br />(8) Section 1173.02 notwithstanding, a Conditional Use Permit granted <br /> under this section shall become effective not less than thirty (30) days <br /> following the public hearing required by such Section. <br /> <br />shall be deleted and a new Chapter 1163 shall be added to read as follows: <br /> <br /> CHAPTER 1163 <br />SEXUALLY ORIENTED BUSZNESSES <br /> <br />1163.01 <br />1163.02 <br />1163,03 <br /> <br />1163.04 <br /> <br />PURPOSE <br />DEF[NTr[ONS <br />CLASSTF[CAT~[ONS OF <br />SEXUALLY OR/ENTED <br />BUS];NESSES <br />LOCATION OF <br />SEXUALLY OI~ZENTED <br />BUSZNSSES <br /> <br />1163,05 <br /> <br />1163.06 <br />1163,07 <br /> <br />1163.08 <br />1163.09 <br /> <br />SlrTE DESIGN GU~ZDEL:[NES <br />FOR SEXUALLY <br />OR/ENTED BUSZNESSES <br />OFF-STREET PARK:lNG <br />S~[GN REGULATIONS FOR <br />SEXUALLY OR:TENTED <br />BUSINESSES <br />L/CENS~[NG <br />SEVERABILITY <br /> <br /> CROSS REFERENCE <br />Chapter 1129 - Commercial Districts <br />Section 1103.02 - Definitions <br />Chapter 1143 - Off-Street Parking <br />Chapter 777 - Codified Ordinances <br /> (Licensing for Sexually Oriented Businesses) <br /> <br />1163,01 PURPOSE <br />(a) Pumose. It is the purpose of this Chapter to regulate SEXUALLY OmEN'FED BUSINESSES in order <br /> to promote the health, safety, morals, and general welfare of the citizens of the ¢/tyand to <br /> establish reasonable and uniform regulations to prevent the deleterious location and <br /> concentration of SEXUALLY ORIENTED BUSINESSES within the Cit~. The provisions of this Chapter <br /> do not have the purpose or effect of imposing a limitation or restri~ion on the content of any <br /> communicative materials, including sexually oriented materials. Further, it is not the intent of <br /> this Chapter to restrict or deny access by adults to sexually oriented materials protected by <br /> the First Amendment, or to deny. access by the distributors and exhibitors of sexually <br /> oriented entertainment to their intended market. Neither is it the intent nor effect of this <br /> Chapter to condone or legitimize the distribution of obscene material. <br /> <br />Page 9 of 17 <br /> <br /> <br />