§ 35-488. Appeal Procedures for Sexually Oriented Businesses.

(a)

Appeal to City Board.

(1)

An applicant may appeal the denial of a certificate of occupancy for a sexually oriented business by the director if the reason for the denial is other than one based upon location of the business. Such appeals shall be made to the appropriate technical board or commission (i.e. plumbing board, electrical board, etc.) and in the manner prescribed in the applicable section of this chapter.

(2)

An applicant may appeal the denial of a zoning determination for a sexually oriented business by the director if the reason for the denial is one based upon location of the business. Such appeal may be made to the zoning board of adjustment by letter mailed or delivered to said board and the secretary of the board shall schedule the appeal for hearing and decision at the next available regularly scheduled zoning board of adjustment meeting which will allow compliance with the Texas Open Meetings Act. The board, after a hearing at which all interested parties shall be afforded an opportunity to be heard, shall either affirm or overrule the decision of the director. Provided, however, the request for appeal must be made not more than ten (10) business days subsequent to the receipt of the decision of the director by the applicant.

(Ord No. 98697 § 4 and 6) (Ord. No. 2012-12-06-0934, § 2, 12-6-12)