(A) (1) A person commits an offense if he or she operates or causes to be operated a sexually- oriented business within 500 feet of:
(a) A church;
(b) A public or private elementary or secondary school;
(c) A boundary of a residential district as defined in this chapter;
(d) A public park adjacent to a residential district as defined in this chapter; and
(e) The property line of a lot devoted to a residential use as defined in this chapter.
(2) A person commits an offense if he or she causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually-oriented business within 500 feet of another sexually-oriented business.
(3) A person commits an offense if he or she causes or permits the operation, establishment or maintenance of more than one sexually-oriented business in the same building, structure or portion thereof, or the increase of floor area of any sexually-oriented business in any building, structure or portion thereof containing another sexually-oriented business.
(4) For the purposes of division (A)(1) above, measurement shall be made in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as a part of the premises where a sexually-oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school or to the nearest boundary of an affected public park, residential district or residential lot.
(5) For purposes of division (A)(2) above, the distance between any two sexually-oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(6) Any sexually-oriented business lawfully operating on the date on which the ordinance from which this chapter derives takes effect that is in violation of divisions (A)(1), (A)(2) or (A)(3) above shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such non-conforming uses shall not be increased, enlarged, extended or altered; except that, the use may be changed to a conforming use. If two or more sexually-oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sexually-oriented business which was first established and continually operating at a particular location is the conforming use and the later established business is non-conforming.
(7) A sexually-oriented business lawfully operating as a conforming use is not rendered a non- conforming use by the location, subsequent to the grant or renewal of the sexually-oriented business license, of a church, public or private elementary or secondary school, public park, residential district or residential lot within 500 feet of the sexually-oriented business. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(2012 Code, § 19-35)
(B) (1) 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 division (A) above, the applicant may, not later than ten calendar days after receiving notice of the denial, file with the City Clerk a written request for an exemption from the location restrictions of division (A) above.
(2) If the written request is filed with the City Clerk within the ten-day limit, the City Council shall consider the request. The City Clerk shall set a date for the hearing within 60 days from the date the written request is received.
(3) The City Council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(4) The City Council may, in its discretion, grant an exemption from the location restrictions of division (A) above if it makes the following findings:
(a) 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;
(b) The granting of the exemption will not violate the spirit and intent of this chapter;
(c) 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;
(d) 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
(e) All other applicable provisions of this chapter will be observed.
(5) The City Council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote 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 City Council is final.
(6) If the Council grants the exemption, the exemption is valid for one year from the date of the Council’s action. Upon the expiration of an exemption, the sexually-oriented business is in violation of the location restrictions of division (A) above until the applicant applies for and receives another exemption.
(7) If the Council denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the Council’s action.
(8) The grant of an exemption does not exempt the applicant from any other provisions of this chapter other than the location restrictions of division (A) above.
(2012 Code, § 19-36)
Penalty, see § 10.99
Statutory reference:
Location restrictions authorized, see Tex. Local Government Code § 243.006