(a) A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of:
(1) a church;
(2) a public or private elementary or secondary school;
(3) a boundary of a residential or historic district as defined in this chapter;
(4) a public park;
(5) the property line of a lot devoted to a residential use as defined in this chapter;
(6) a hospital; or
(7) a child-care facility.
(b) A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.
(c) A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion of a building or structure, or the increase of floor area of any sexually oriented business in any building, structure, or portion of a building or structure containing another sexually oriented business.
(d) For the purposes of Subsection (a), measurement must 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, public or private elementary or secondary school, hospital, or child-care facility or to the nearest boundary of an affected public park, residential district, historic district, or residential lot.
(e) For purposes of Subsection (b) of this section, the distance between any two sexually oriented businesses must 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.
(f) Any sexually oriented business lawfully operating on May 28, 1997 that is in violation of Subsections (a), (b), or (c) of this section is a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed six months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The nonconforming use may 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 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
(g) An owner of a nonconforming sexually oriented business who cannot recoup actual investments in the use by November 29, 1997 may request an extension of the compliance date from the board of adjustment. The request must be in writing and filed with the city building official on or before October 29, 1997. No application for an extension that is received by the building official after October 29, 1997 may be considered.
(h) The board of adjustment shall conduct a hearing on the request for extension in accordance with applicable procedures set forth in Section 51A-4.703 of the Dallas Development Code. If the board of adjustment determines that the owner of the nonconforming sexually oriented business cannot recoup actual investments in the use by November 29, 1997, it may by written order provide a new compliance date to the owner. The board of adjustment shall consider the factors listed in Section 51A-4.704(a)(1)(D) of the Dallas Development Code in determining whether to grant the request for extension. Any extension granted by the board of adjustment must specify a date certain for closure of the sexually oriented business and is not valid for operation of the business at any other location.
(i) The board of adjustment’s decision on a request for an extended compliance date is final unless appealed to the district court within 10 days in accordance with Chapter 211 of the Texas Local Government Code.
(j) A sexually oriented business that remains in operation pursuant to an extension granted under this section is not considered as having a license for purposes of measuring distances between a sexually oriented business and a church, a public or private elementary or secondary school, a boundary of a residential or historic district, a public park, the property line of a lot devoted to a residential use, a hospital, a child-care facility, or another sexually oriented business, as required in Section 41A-13.
(k) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming 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, historic district, residential lot, hospital, or child-care facility within 1,000 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.
(l) Requirements for posting an intent to locate a sexually oriented business.
(1) Whenever a sign is posted at an intended location of a sexually oriented business in compliance with Section 243.0075 of the Texas Local Government Code, as amended, and the intended location of the sexually oriented business is not in violation of the locational restrictions of this section at the time the sign is posted, the sexually oriented business will qualify as a conforming use and will not be rendered nonconforming by any location, subsequent to the posting of the sign, of a church, public or private elementary or secondary school, public park, residential district, historic district, residential lot, hospital, or child-care facility within 1,000 feet of the posted location of the sexually oriented business.
(2) The operator of a proposed sexually oriented business shall notify the chief of police, by either certified mail or hand delivery, whenever a sign is posted at the intended location of the business in compliance with Section 243.0075 of the Texas Local Government Code, as amended. The notification must be in the form of a sworn statement indicating the location of the sign and the date it was posted and must be received by the chief of police within five days after the date of the sign’s posting.
(3) Paragraph (1) of this subsection does not apply if:
(A) a completed license application for the proposed sexually oriented business is not filed with the chief of police within 20 days after the expiration of the 60-day posting requirement of Section 243.0075 of the Texas Local Government Code, as amended; or
(B) the notification requirements of Paragraph (2) of this subsection are not met. (Ord. Nos. 19196; 19377; 20291; 21629; 23137; 24440; 24699; 25092)